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NOTES ON 

CONTRACTS, SPECIFICATIONS 



AND 



ENGINEERING RELATIONS 



BY 

DAXIEL W.^MEAD 
Member Aineriean Society of Civil Engineers 

Consulting Engineer 

Professor of Hydraulic and Sanitary Engineering 

University of Wisconsin 



Madison, Wisconsin 
1916 



Copyrighted 1916 

BY 

Damel W. Mead 



rO 



MAR 1 1 1916 



STATE JOURNAL PRINTING CO. 
Madison, Wis. 



ni.A427^iiii 



//.-/ .,, ^1KI ■ 



T A 1 <?o 
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PREFACE 

In the following pages the author has discussed some of the im- 
portant relations of the engineer and architect in practical life, with 
which it seems essential that the technical man should become familiar 
before entering professional practice. Legal and contractual relations 
are but briefly discussed, as these subjects are fully treated in many 
valuable works to which it i-s intended that these notes shall serve sim- 
ply as an introduction. The principles of personal and ethical relations, 
while outlined quite fully and discussed in somewhat greater detail, are 
but inadequately treated on account of the lack of space. The prepara- 
tion of specifications is discussed in greater detail as less published mat- 
ter is available on this subject. The analytical system suggested for the 
preparation of specifications has been used by the author for nearly 
thirty years, and is believed to afford a safe and logical method for the 
preparation of these papers. 

In the teaching or study of any subject, success comes through the 
ability of the teacher or student to so simplify the subject that its basic 
principles may be easily comprehended ; the greatest difficulties follow 
an attempt to attack the subject in a too complicated manner. 

In the teaching or study of the preparation of specfications, little 
advance can be made by an attempt to prepare an elaborate specifica- 
tion for a complicated engineering structure of which the student 
knows nothing. In such a case, all that can be expected is the copy- 
ing, with perhaps some small changes of some similar specification 
prepared for some proposed or completed work, and such practice will 
be of little value. The principles and elements of specification writing 
should be taught by the preparation of specifications for simple ma- 
terials or elements or for simple processes or structures. All work 
should be simplified as much as possible ; it must be so defined and 
illustrated that the problems involved will be clearly comprehended ; it 
must be analyzed in detail so that every phase and item shall be seen 
and appreciated. If this can be successfully accomplished with sim- 
ple elements of material or construction, it can also be applied to more 
complex subjects, which are simply a combination of such elements. 
By practice along such lines the student will at least acquire an intelli- 
gent method of procedure, and if the method is understood, the profes- 
sional application may be safely left to individual initiative. 



iv Preface 

The author has uniformly advocated the ''square deal" in the rela- 
tions of the engineer and architect with the contractor and with all 
others with whom they may have relations. He believes that honesty, 
integrity, and fairness afford the best possible basis for practical profes- 
sional and business life and are not simply principles to be acknowledged 
and ignored. He believes that the appreciation of these principles will 
lead to the highest type of work, the most economical construction, and 
the greatest professional satisfaction. 

These notes have been prepared in some haste for the use of the au- 
thor's class in the University of Wisconsin. Some of the chapters 
have been sent to the press before previous chapters have been written. 
This has resulted in some repetitions and in the necessity of numbering 
each section with relation to, each chapter instead of with relation to 
the book. This preliminary edition is not offered to the public at large, 
but it is intended when the first edition is issued that it shall be entirely 
revised, that repetition shall be eliminated, certain additional matter 
added, and various other corrections made. 

Madison, Feb. 1916. D. W. M. 



CONTENTS 

CHAPTER I 

Engineering Relations 

The Function of the Engineer — The Engineering Profession — Personal 
Success — Engineering Education — A Knowledge of English — Busi- 
ness and Engineering Law — Personal and Professional Ethics — 
Other Relations 1 

CHAPTER II 

Outline of Laws and Legal Relations 

General Classification of Law — Definitions of Law — Sources of Munici- 
pal Law — Definitions Concerning Municipal Laws — Classification 
and Relation of Positive Law — Enforcement of Law 1 L 

CHAPTER III 

Notes on Agreements and Contractual Relations 

Definitions — Express Executory Contract — Requirements of a Valid Con- 
tract — Parties with Capacity to Contract — Offer and Acceptance — 
Consideration — Legality of Object— Reality of Consent — Statute of 
Frauds — The Interpretation of Contracts — The Discharge of Con- 
tract — Bibliography of Contracts 18 

CHAPTER IV 
Personal Relations 

Limitations of Positive Law — Ethics — Formation of Individual Princi- 
ples — Conduct of Professional Practice — Code of Ethics — Canons of 
Ethics of the American Institute of Architects — Code of Professional 
Ethics of the American Institute of Consulting Engineers — Code of 
Principles of Professional Conduct of the American Institute of 
Electrical Engineers — Code of Ethics Suggested for the American 
Institute of Chemical Engineers — Code of Ethics Adopted by Amer- 
ican Society of Civil Engineers — Question in Ethcs 34 

CHAPTER V 

The Use of English 

The Necessity — Engineering English — The Hearer or Reader — Knowl- 
edge of Subject — Logical Arrangement — The Outline — Style — The 
Choice of Words^The Precise Use of Words — The Vocabulary — 
Letters — Reports — Bibliography 53 



vi Contents 



CHAPTER VI 
Investigations, Designs and Estimates 

The Investigation — Unsatisfactory Practice — Difficulties — Deep Wells — 
Investigations for Sewers — Design — False Economy in Design — 
Estimates 75 

CHAPTER VII 

Day Laboe and Contract Systems of Construction 

Business Methods — Uncertainties in the Cost of Work — Force Account 
Construction — Contracts at a Fixed Price — Excessive Waste in Com- 
petitive Bidding — Contracts for Cost plus a Percentage — Contracts 
for Cost plus a Fixed Sum- — Contracts for Cost plus a Variable 
Premium 8ft 

CHAPTER VIII 

Engineering and Architectural Works Constructed under Contract 

Public and Private Works— Negotiations for Construction Contracts — 
Dishonesty in Competitive Letting — Restricted Letting — Securing' 
Low Bids — Suggestions of American Society of Engineering Con- 
tractors — Further Suggestions — Rights of Contractor — The Arbi- 
tration of Disputes — Progress of Arbitration 102 

CHAPTER IX 

Advertising and Letting Contract 

Purpose of Advertisement — Nature of Advertisement — Analysis of Adver- 
tisement — Formalities — Time Allowed — Form of Proposal — Receiv- 
ing and Opening Bids — Letting the Work — Instructions to Bidders — 
Details of Instructions 110 

CHAPTER X 

Preparation or Contracts and Specifications 

Its Importance — Use of English — Necessity for Clearness — Clearness — 
Brevity — Indefinite Specifications — Indeterminate Specifications — 
Ambiguous Specifications — Arbitrary Specifications — Unfair Specifi- 
cations — Unnecessary Severity — Specifications for Criticism 137 

CHAfTER XI 

Contracts 

Ordinary Business Transactions — Necessity of Written Agreements — A 
Contract made by Letter — Contract by Acceptance of Letter — A 
Formal Contract — Written Executive Contracts — Form — General 
Clauses for Agreement 153: 



Contents vii 

CHAPTER XII 

General Conditions of the Contract 

Outline — Outline of General Conditions — Definitions — Rights and Re- 
sponsibilties of Owner — Authority of the Engineer — Prices and 
Payments — Responsibility of Contractor as Affecting Party of the 
First Part — Conduct of the Work — Police and Sanitary Regulations 167 

CHAPTER XllI 

Technical Specifications 

Breadth of Knowledge Necessary — Detailed Information Needed — Out- 
line — The Use of Published Specifications — Simple Specifications — 
Detailed Specifications — Modifications of Requirements — The Use of 
Standard Materials and Methods — Influence of Specifications on Ma- 
terial and Methods — Responsibility — Standard Specifications — Def- 
inite Requirements — Fundamental Elements of Specifications 200 

CHAPTER XIV 

Specifications for Fundamental Material and Supplies 

Investigation of Materials- — Further Considerations — Further Procedure 
— Conclusions of Dr. Dudley — Example of Investigation — Outline of 
Specifications for Aluminum Wire — Specifications for Aluminum 
Wire — Assignment of Fundamental Material and Supplies — Bibli- 
ography 214 

CHAPTER XV 

Specifications for Fundamental Processes 

Fundamental Processes — Earthwork and Rockwork — Analytical Division 
of Earth and Rock Work Specifications — General Description^ — De- 
scription and Location — Dimensions; Form and Grade — Divisions — 
Materials — General Character — Classification — Qualities of Material 
— Quantities and Measurements and Estimates — Shrinkage — Extra 
Excavation — Extra Material and Borrow Pits — Operations — Begin- 
ning Work, etc. — Consolidation, Rolling and Tamping — Limiting and 
Protecting Work — Obstruction; Improvements Encountered — Pump- 
ing Methods — Disposal of Material and Overhaul — Completion and 
Maintenance — Assignments of Specifications for Earth and Rock 
Work — Assignments of Other Fundamental Processes 237 

CHAPTER XVI 

Specifications for Machinery and Apparatus 

Divisions — General Specifications — Selections — Detailed Specifications — 
Design Specifications — Preparation of Specifications for Machinery — 



viii Contents 

General Specifications for Steam Boilers — General Requirements for 
Specifications for Steam Boilers — General Requirements for Spec- 
ifications for Pumps — General Requirements for Specifications for 
Electric Generator or Motor — Assignments for preparing Outline of 
General Requirements for Machinery and Apparatus — Subjects for 
Outlines and Specifications — Preparation of Outline for More 
Complete Specifications — Outline Specifications for a Steam 
Boiler — Outline Specifications for Steam Engines — Outline Specifica- 
tions for a Power Pump — Outline Specifications for a Duplex Steam 
Pump — Outline Specifications for a Pumping Engine — The Specifica- 
tions — General Specifications for Machinery — Specifications for Fur- 
nishing a Boiler — Specifications for Furnishing a Steam Engine. . . 254 

CHAPTER XVII 

Specificatioxs for Exgixeerixg and Architectukal Works 

Subdivisions — Outline — Assignments for Preparing Outlines and Spec- 
ifications for Engineering and Architectural Work — Plans from 
which Specifications may be Prepared — Outline of Specifications for , 
the Construction of a Building — Outline of Specifications for Small 
Power Station — Outline Specifications for Bridge Substructure — Out- 
line Specifications for Iron Bridge or Structural Work — ^Outline of 
Specifications for Bridge or Roof Truss — Outline for Specifications 
for Stand Tower and Appurtenances — Outline of Specifications for 
Laying Cast Iron Water Pipe Including Setting of Special Castings, 
Hydrants, etc. — Outline Specifications for Construction of Sewers. . 285 

APPENDIX 

Drawings 302 

Bibliography of Contracts 342 



CHAPTER I 

ENGINEERING RELATIONS 

§ I. The Functions of the Engineer. — The functions of an engi- 
neer are largely those of an adviser, a designer and a constructor, 
It is his duty to create a reality from an ideal. He must develop 
ideas and elaborate plans, but he must also consider and prescribe 
the methods and manner of construction ; he must supervise the 
execution of the work and see that it is properly constructed and 
the ideal realized ; and often, after completion, he must see that the 
works which have been created from his plans and under his super- 
vision properly fulfill the functions for which they are designed. In 
fulfilling his duty, he is at first brought into contact with his client 
or employer, and the work which he is called upon to perform is, 
almost without exception, bound to entail relations with others be- 
fore its completion. It will probably require the employment of 
workmen for its construction ; it is likely to involve the furnishing 
of material and labor by contractors ; it may involve contact with 
the public if it has a public or quasi-public character, or if its nature 
demands the use, to a greater or less extent, of public thorough- 
fares or property open to the public. In each and every case, con- 
flicts of personal rights may at any moment arise, and frequently 
such rights must modify the conception, design and construction 
of the work to be undertaken. A clear appreciation of the profes- 
sional and personal conduct of the engineer in these manifold rela- 
tions is therefore of great importance, that the work may not be 
open to just criticism by his ignoring ethical, equitable and legal 
rights. 

§ 2. The Engineering ProfessiorL — Engineering is classed as a 
profession, and therefore involves not only honest and energetic 
efifort toward personal profiessional advancement, but also obliga- 
tions toward the profession and toward humanity, even at the sacri- 
fice of personal interest. 

The term "professions" includes those callings which involve 
in their practice high ideals, great energy, distinguished ability, cor- 
rect and logical thought by means of which eftective results are ob- 
tained. 



2 Notes on Contracts and Specifications 

through efficient application of technical knowledge and proper or- 
ganization. Such callings also involve a high conception of personal 
honor and personal obligation not only toward all with whom the 
practitioner comes in personal contact but toward the profession, 
the state, the nation, and toward humanity. 

The engineer must understand therefore, not only the elements 
necessary for personal success but also those requirements neces- 
sary for the realization of the higher ideals of professional success. 

§ 3. Personal Success. — Success in life, like success in the con- 
struction of an engineering structure, requires a good and a proper 
foundation on which to build. The attributes of success are health, 
native ability, character, education, experience and opportunity. 
Each is partially independent and partially dependent on individual 
efifort, and each can be improved and strengthened by the exercise 
of care, perseverence and energy. 

No great success is possible without health. Ill health draws 
the mind to the condition of the body at the expense of the capacity 
for concentrated thought, afTects the ability for energetic effort and 
weakens the power of resistance and personal capacity. Clean liv- 
ing, healthful exercise and mental relaxation are therefore not only 
desirable but essential for both personal and professional success. 
A knowledge of personal and public hygiene and sanitary require- 
ments is necessary not only for their influence on personal health 
but also on account of the engineer's control of the health of others 
in his public relations and in his private relations in the factory and 
in the field. 

The degree of native ability possessed by the individual is un- 
doubtedly a considerable element of success if properly utilized and 
developed. It cannot take the place of hard and conscientious work 
and continuous efifort. Most so-called ''men of genius" will admit 
that their success is due more to hard work and continuous efifort 
than to native ability. Greater success is due to the personal exer- 
cise of will power that concentrates the efiforts on the end in view 
and utilizes such ability as is possessed by the individual than to 
the half cultivated exercise of so-called genius. The individual who 
possesses both great native ability and the ability for sustained con- 
centrated efifort has opportunities of high order. In all cases, the 
development of ability is dependent to a large degree on individual 
endeavor. 



Engineering Relations 3 

Character, while partially hereditary, is more largely due to the 
influence of family and associates, and to education and personal 
cultivation. That the age and thought of the times largely control 
character is undoubtedly true, yet no age or nation tias been so de- 
generate that it has not developed some men of high ideals and of 
character creditable in any age. No high professional standing is 
ever attained without properly developed character ; it is like the 
internal mechanism of an important machine, unseen but essential 
to the proper and correct exercise of its highest functions. It is the 
main spring of the best success and is susceptible of great modifica- 
tion and improvement by individual effort. 

Education and experience are to a considerable degree the re- 
sults of opportunity, but they are still more largely acquired through 
individual exertion. The lack of college or university opportunities 
is no bar to the individual who is willing to exert continuous and 
unremitting effort in the acquisition of an education. The schools 
and instructors are an aid, not a necessity ; and such aids should be 
utilized wdien available, but they can be dispensed w4th when ne- 
cessity demands, if replaced by energetic, vigorous and forceful ap- 
plication. 

Experience is best acquired by personal observation, but the re- 
corded practice of others is a source not to be neglected. 

Opportunity may freely come to some, but it is created by 
many. The lower rounds of the professional ladder are congested 
wath throngs of young men half educated and half prepared, clamor- 
ing for opportunity,while the higher positions are often only poorly 
filled and waiting for the proper person. 

There are few professional lines in which an able, well edu- 
cated, well informed man of high character will not find opportunity 
waiting and anxious for his coming. Strenuous, unremitting labor 
and continuous, conscientious effort are the prices of success. 

§ 4. Engineering Education. — The courses of study in engineering 
schools usually cover most branches of engineering in a fairly satis- 
factory manner wdien the purposes of the studies are understood 
and appreciated. The principles and methods on which investiga- 
tion and practice must rest are fairly well developed, and the young 
engineer, when he leaves his technical school, is fairly well prepared 
to undertake the minor calculations, operations and designs in the 
practice of his profession. He still needs to acquire experience, and 



4 Notes on Contracts and Specifications 

to study, observe and investigate subjects connected with his spec- 
ialty, all of which is necessary for advanced work and which he can 
obtain to the best advantage concomitant with the practice of his 
profession. For success the engineer must acquire a working knowl- 
edge of : 

First: The fundamental principles of those sciences on which 
his practice necessarily depends. 

Second: Those methods and calculations which must be applied 
in such practice. 

Third : The use of language, including the ability to prepare and 
present both clear and concise oral and written general and detailed 
explanation of engineering problems. 

Fourth: Business and engineering law on wdiich the success of 
engineering projects depends, and without which few correct re- 
ports, specifications or contracts can l^e prepared. 

He must also understand and appreciate those essential prin- 
ciples that concern the personal relations of the engineer with his 
fellows, with his clients, with contractors, with labor, and wdth the 
public, and also those principles of judgment, equity and ethics upon 
which the highest success of the engineer depends no less than upon 
his technical knowledge. 

The tendency of technical education is rather to the detriment 
of judgment. If text books and instructors are considered infallible, 
if lectures are to be taken without question, the development of 
judgment is certainly not stimulated. An earnest efifort should be 
made by the young engineer to understand the limits of theory and 
the point where judgment and speculation begin. The use and 
abuse of formulas should be appreciated, and their limitat'ons real- 
ized. Every experienced engineer recognizes the convenience of 
formulas but must also understand the danger of their careless ap- 
plication and that the application of all theory to practice must be 
modified by judgment in order to take into account factors often 
unrecognized by theoretical considerations. 

The weakest point in the education of most American engineers 
is their deficient knowledge of good ordinary and technical English 
language and of those ethical, legal and business principles which 
are necessary for success in practical life. The use of good lan- 
guage, oral or written, is acquired only by constant study and prac- 
tice and is needed by the engineer in the letters, instructions, re- 



Engineering Relations 5 

ports, papers and specifications which he is frequently called upon 
to prepare. A knowledge of technical language is accjuired by pro- 
fessional study and practical experience in special lines and is highly 
essential for correct technical reports, instructions, and specifica- 
tion writing. 

The preparation of reports and specifications is a broad subject 
that touches almost every limit of human activity, and its proper 
performance is acquired only by long experience, careful study and 
detailed knowledge. Certain principles, however, can be readily 
acquired and understood which, if followed out, will lead the way 
to their successful preparation. 

The laws whch govern social and business relations and the 
essential laws of contracts, in which the engineer is especially in- 
terested, can readily be discussed and understood. 

A proper appreciation of ethics is more difficult to acquire or 
impart; yet there is no subject so important or so interesting as 
those which deal with the realities of life and the proper relation- 
ship of the engineer to his profession, to business, to the public, and 
to his fellow men. The well established principles of social, busi- 
ness and professional ethics sometime seem disproved by the indi- 
vidual experiences of the young engineer who has seen apparent 
prosperity follow a disregard of these principles. It would indeed 
be unfortunate if he has not been fully assured that such results are 
only apparent and that the greatest and best success can come only 
with the highest conception of duty. 

§ 5. A Knowledge of English. — A knowledge of English, and 
the ability to express his meaning in clear, concise and convincing 
language, both oral and written, is an asset of great value to the en- 
gineer. He must not only know how to create the ideal from the 
reality and the best and most economical ways and means by which 
his work can be accomplished, but he must possess the ability to 
explain his technical conception in such simple language that the non- 
technical business man as an investor, the legislator, and the citi- 
zen may understand his reasons and be convinced of the logic of his 
deductions. At almost every step the engineer is called upon to de- 
scribe in clear terms, in reports, papers or specifications, both in 
general and in detail, the rationale of works built or proposed. 

He is often required by his clients or superior, to examine into 
])rojects to determine the line of action necessary or desirable under 



6 Notes on Contracts and Specifications 

the conditions that obtain, and perhaps, the feasibility, nature, ex- 
tent, character and cost of the construction or works which should 
be installed to accomplish the purpose desired. In such cases he 
must be able to describe in clear language the conditions which he 
finds and the factors which will afifect the proposed project, and to give 
in a logical manner the reasons for his recommendation concerning the 
character, extent and cost of the work which should be done. The 
success of the engineer depends not only upon his ability to solve a 
problem in the most practicable way, but also upon his ability to clearly 
show others that the plans proposed by him are the logical solution of 
the problem. 

When labor, material, supplies or works are to be furnished or 
constructed, either as a whole or in part, by others than the owner 
(and there are few constructions where material at least is not to 
be so furnished), the engineer must describe clearly and in detail 
the character and extent of those parts which are to be so furnished. 
Few designs are complete in themselves without such descriptions, 
and frequently the proper preparation of these descriptions or spec- 
ifications is among the most important of the duties of the designer. 
Proper specifications are at least as important as, and no less essential 
for the explanation of the work proposed than the maps, plans and 
designs. Frequently a design, which may be based on precedent or, 
partially at least, on the published plans of others, is much less difficult 
to prepare than the specifications which must describe in detail the ma- 
terials and character of the construction, and particularly the practic- 
able qualities of material and the methods which must be followed in 
their economic manufacture or construction. 

Even where work is to be done by the direct employment of 
men by the owner and not under contract, proper specifications are 
essential as a basis for correct estimates of cost and for the proper 
performance of the work. 

IMaterial, labor, machinery or supplies to. be purchased or con- 
tracted for must be ordered and an agreement more or less formal 
for furnishing the same must in every case be entered into. Such 
agreements vary from the simple form of a verbal order and ac- 
ceptance for the smallest supply to the most elaborate contract and 
specifications for the most complex machinery or plant involving 
thousands of dollars. If such agreements are not properly and 



Engineering Relations 7 

clearly prepared they may involve needless misunderstandings and 
expensive litigation. 

§ 6. Business and Engineering Law. — It is the duty of every 
citizen to so inform himself in regard to the fundamental and ele- 
mentary laws under which he lives and on which his legal rights 
and privileges depend, that he shall have a clear conception of his 
own rights and privileges and those of his neighbors and business 
associates. 

To the engineer this knowledge is especially necessary and of 
particular value, as his duties are often such as to make this knowl- 
edge, and even a broader one, indispensable, and without such 
knowledge he may frequently find himself in unenviable positions, 
both to the discomfort and possible financial loss to himself and to 
his clients. 

This does not mean that the engineer should usurp the function 
of the attorney, but he should be sufficiently informed concerning 
those legal matters which afifect his duties and responsibilities to 
know when all ordinary legal requirements are observed in drawing 
up such engineering papers as may be necessary in his work and to 
see that the actions, attitudes and decisions of himself and his sub- 
ordinates are legal and that the legal rights of his clients, business 
associates and of himself are properly conserved. In all cases of 
importance, legal advice is essential and should be obtained. Few 
lawyers in ordinary practice, however, possess such knowledge of 
engineering contracts or of the condition of construction as is neces- 
sary in order to draw a satisfactory contract for construction work ; 
and engineering contracts as well as technical specifications, should 
be prepared by the engineer and submitted to the attorney to see 
that the legal requirements are properly covered. 

The engineer, to be successful in professional practice, must 
also be informed on the laws which afifect his particular specialty. 
The municipal engineer and contractor should understand those 
municipal laws which afifect municipal works and which both limit 
and control municipal activities. The hydraulic engineer should un- 
derstand the laws of riparian ownership and those governing the 
acquiring of water rights and the construction of water power, irri- 
gation and drainage projects, and the legal requirements of naviga- 
tion, logging, fishways, etc. The mechanical engineer should un- 
derstand something of patent laws and of the various laws which 



8 Notes on Contracts and Specifications 

affect their relation with each other and with the public. In each 
branch of engineering there are certain legal relations the knowledge 
of which is indispensable to successful engineering practice. Laws 
are so manifold that no lawyer in general practice can be thoroughly 
informed on all of their branches, and the engineer in practice fre- 
quently becomes better informed on those laws which affect his own 
specialty than does the lawyer in general practice. In matters of 
moment, expert legal assistance should be employed, as specialists 
in the law are as essential for a proper knowledge of special legal 
requirements as are specialists for the best practice in engineering. 

§ 7. Personal and Professional Ethics. — The relation of man to 
man are but poorly outlined in the law, and a law-abiding man may 
be a poor citizen and undesirable friend or neighbor. The personal 
conduct of man in the manifold and intimate relations of social 
and business life must be governed by more generous and equitable 
rules than those provided by the statutes, which can furnish only 
regulations which will perhaps give equitable results in the majority 
of instances but can only govern some of the major points of con- 
tact. A man may be selfish, unfair, untruthful, narrow, egotistical, 
tricky, and even to a considerable degree, dishonest, without fear of 
the law; but the individual in whom such characteristics predomin- 
ate is a detriment to himself, to his friends and to society. 

Most practicing engineers recognize the fact that a true appre- 
cation of ethical relations is fully as important for success as tech- 
nical knowledge ; that irrespective of morals or religion, honesty is 
in reality the best policy and must be exercised in all social and 
business relations in its broadest sense. To do as he would be 
done by, is the simplest, broadest and the most complete ethical 
standard for the individual. A sincere regard for both the legal 
and the moral rights of others, whether client, workman, contractor, 
competitor or the public, is a necessary attribute to the greatest 
success. 

§ 8. Other Relations. — With the consummation of the contract, 
the engineer's work is fairly begun. The engineer must frequently 
interpret the contract; he must see that its covenants are fulfilled; 
he must see that its reasonable requirements are carried out, and in 
so doing, he must occupy a semi-judicial position as the arbiter of 
the contract for the purpose of seeing that justice is done to both 
of the parties thereto. In such work every engineer owes it to him- 



Engineering Relations 9 

self and to his profession to see that all work of which he has charge 
is performed in a spirit of fairness — with malice toward none and 
justice toward all with wdiom he has to do. 

Care in the preparation of plans, specifications and contracts 
will largely obviate the chances for misunderstandings and disputes, 
will reduce the further duties of the engineer and render them less 
difficult and more satisfactory. Obscurity in plans, specifications 
and contracts, which is often due to ignorance of what the require- 
ments of the specifications should be, or to carelessness, which is 
open to equal criticism, will lead to misunderstandings and trouble. 

The engineer may represent the other side of the contract, that 
is the contractor. He may be the contractor, be employed to assist 
the contractor, or to take charge of the construction. Here he must 
possess not only technical knowledge of design but practical knowl- 
edge of construction and construction methods. His knowledge 
should extend to the principles of business and business methods; 
he should possess a knowledge of men and of the methods of hand- 
ling labor ; and he should possess a knowledge of business and engi- 
neering law. He must have a good understanding of the rights 
and privileges of both parties to a contract and of the rights and 
privileges of labor and of the public. 

The engineer is frequently called into legal proceedings as an 
expert witness, and his experience, his professional knowledge and 
his knowledge of legal relations become of great importance. Here 
again his purpose and action should be marked by honesty, integ- 
rity, and fairness. He should never lend his professional reputa- 
tion to bolster up fraud and deceit. It is said that in the early courts of 
Rome there were certain individuals who wore straw in their shoes ; 
this w^as to signify that they were prepared to go into court and 
swear to whatever conditions their clients might desire. There are 
very few' such men in the ranks of the engineering profession, and 
those who do appear soon sink into the oblivion they so justly 
merit. No man in any profession who blinds his conscience in 
lavor of unrighteousness can hope to attain that respect and emi- 
nence which should be the object and desire of every man. 

The engineer is also sometimes called into a judicial position' 
to which the previous remarks may be even more emphatically ap- 
plied, that of the appraiser and arbiter. Sometimes in such posi- 
tions property interests amounting to millions are subject to his 



1 Notes on Contracts and Specifications 

judicial determination. To qualify himself to properly fulfill this 
highest engineering function should be the aim of every student of 
engineering. 

This requires not only technical knowledge, but the ability of 
proper and clear oral and written expression ; a knowledge of 
finances, economics, business methods, legal relations, and engi- 
neering ethics. 



CHAPTER II '*' 



OUTLINE OE LAWS AND LEGAL RELATIONS 



§ I. General Classification of Law. 

r Between f Natural Law 
God and ^lan \ Revealed Law 



LAWS -' 



Ecclesiastical Law 
Moral Law 



Between International Law < ppj^ifL 
in and ^lan 1 ^ 



Man 

r Constitutional Law 
National or j Statutory Law 
Municipal Law i Common Law 

C Equity j 

§ 2. Definitions of Law. 
I. General. ''A rule of action prescribed by authority." Century 
Dictionary. "A rule of action established by recognized 
authority to enforce justice and direct duty." Stand- 
ard Dictionary. "A governing rule of action." Benja- 
min. "A rule of action, that which is set, fixed, pre- 
scribed or laid down beforehand." Spencer. 
II. Laws betzveen God and Man. 

1. Natural laws. Statements of the invariable sequence of 

natural phenomena.. Law of gravity. Boyle's law, etc. 

2. Divhie or revealed law. Those rules of action supposed to 

be laid upon man by Diety. ^Mosaic law. 
III. Laws between Man and Man. 

1. General. Rules for the control of human action ; these were 

"created by man for his own protection, except insofar 
as religious writings are considered to be laws laid down 
by the Diety."— White. 

2. Ecclesiastical law. Laws of the church or other religious 

associations. 

3. Moral laz<.'. Those rules of conduct approved by the com- 

munity. 
3. International lazi'. Those precedents or customs observed 
by independent nations. 



1 2 Notes on Contracts and Specifications 

(a) Covering mutual rights and duties of nations. 

(b) Covering rights and duties of citizens when in for- 

eign states. 
5. Municipal law. Those rules of civil rights and conduct 
which regulate the action of the inhabitants of a nation or 
state with each other. 

IV. Further definition. 

I. Positive laz^'. Those rules of conduct and of interrelation 
prescribed and enforcible by public authority ; the "law" 
of the courts. Positive laws in general reflect the popu- 
lar conviction of that which is reasonably just, equitable 
and proper in the conduct and relations of man to man 
under the average circumstances of the state in which they 
prevail. 

3. Substantive lai^'. Defines individual rights and that which 
constitutes infringement on those rights. 

3. Kcniedial law. Relates to the organization of courts and 
the manner in which rights may be enforced therein. 

§ 3. Sources of Municipal Law^. 
I. Written Lav.'. 

1. Constitution of the nation. 

2. Constitution of the state. 

3. Statutes of nation. 

4. Statutes of state. 

5. Ordinances of minor political subdivisions. 

6. Contracts. AMien not opposed to public policy or to the law 

of state or nation, two or more individuals may, by mu- 
tual consent, prescribe for themselves rules of action un- 
der certain conditions which the public authorities will en- 
force, viz : contracts. 

TI. Unwritten Lazv. 
I. Civil lazv. 

A. Origin. Justinian Code as codified from ancient Ro- 

man laws. 

B. Basis of all Continental European system of jurispru- 

dence. 

C. Largely influenced English and American law through 

William the Conquerer who conquered England in 
1066. 



Outline of Laws and Legal Relations 13 

D. Louisiana largely influenced by French laws ; terri- 
tory acquired from Spain largely influenced by Span- 
ish system of law, both of which are civil laws. 
2. Common Lazv. 

A. Origin. 

(a) All the laws of England, either statutory or com- 

mon wdiich were in force at the time of the Dec- 
laration of Independence, and recognized by our 
courts, and which have not since been repealed. 

(b) All those universal or local usages which the 

courts recognize as having force of law. 

B. Growth — by judicial decision; by established local 

usages. 

C. How modified — by statutes ; by judicial decisions, and 

to some extent by contract. 

D. Parol contracts. 

E. Quasi contracts. 

§ 4. Definitions Concerning Muncipal Laws. 

L Subject Matter. 

1. Political law : relating to administration of state or nation. 

2. Criminal law^ : relating to offenses directly prosecuted and 

punished by the state or nation. 

3. Civil law : relating to legal rights and duties of individuals 

and legal remedies for their violation. 

n. Object. 

I. Primary rights. All those rights allowed by law or arising 
from contracts. 
A legal right is "a. power, capacity or liberty given or allowed 
by law to a person in relation to some person, thing, 
act, or forbearance." — Benjamin. 
A. Rights of person. Deals with rights of the person as 
against any other individual, viz : those rights 
which attach to persons as compared with those 
that affect property, both as to individuals and 
corporations, 
(a) Rights and duties which attach to the individual 
and to his acquiring, using and disposing of 
property, viz : rights of personal liberty and se- 
curity ; rights to property. 



1 4 Notes on Contracts and Specifications 

(b) Rights and duties of individuals when forming 

social relations, viz : rights of the individuals as 
husband and wife — parent and child — master 
and servant — principal and agent — landlord and 
tenant. 

(c) Rights and duties of individuals to associate as 

partners, corporations, etc., to acquire, use and 
dispose of property, viz : rights of partnerships 
and of corporations. 
B. Rights of thill gs. Deals with the rights of the person 
as against all the world such as the acquisition and 
ownership of personal property and real estate, with 
the corresponding rights and liabilities. 
2. Wrongs. 

A. Private zvrougs, — torts — are those wrongs not injuri- 

ous to the community in therriselves, i. e. injury of 
one individual by another through carelessness or 
neglect of his legal obligations. 

B. Public wrongs, — are those committed against the state, 

i. e. against the whole community, viz : disturbing the 
peace, disorderly conduct, misdemeanors and crimes. 



Outline of Laws and Legal Relations 



15 



§ 5. Classification and Relation of Positive Law. 



a 
1-3 

c 

"-J3 

o 
p. 



OS 

> 



o 

Ah 



{Personal Security 
Personal Liberty 
Peri«onal Property 






O 






Rights of 

Person 

(Rights in 

personam) 



o 
<v 



r Natural Persons - 
(Individuals) 



Relative 

Rijrhts 

as to 



The Public 



Courts 
People 



u 



Other 
Persons 



Husband and Wife 
Parent and Child 
Guardian and Ward 
Master and Servant 
Principal and Agent 
^ Partnerships 



Artificial Persons 
(Corporations) 



MuniciparCorporations 
Business Corporations 



Constitutional 
Statutory 
Origin of Rights -{ Quasi-Con tracts 
I From Contracts 
L Common Law 



Rights of 

Things 

(Rights in 

Rem) 



Classification I ^^^l^^tate 

( Personal Prop 



ertv 



fc£ 

o 



Purchase 
Contract 
Inheritance 
^ Title i Marriage 
Grant 
Judgment 
Occupancy 



r Private J Torts — Interference with absolute rights 
Wrongs \ Breach of Contract 
(Civil 
Law) 



. TThe Government 

< Crimes Against < The State 
•^ ( The Indivi( 



Public 
Wrongs 
(Criminal 
Law) 
Political Law — Administration 



idual 



16 Notes on Contracts and Specifications 

§ 6. Enforcement of Law, 

I. In General. 

1. Natural lazv. Invariable laws of nature. 

Natural laws are always enforced. The engineer may so 
modify the conditions that the occurrence of natural phe- 
nomena will not be detrimental to human interests or so 
that their occurrence will be more favorable to human 
interests, as the case may be. 

2. Divine law. Hope of future reward and fear of eternal pun- 

nishment. 

3. Eecelesiastical laz^'. Church approval vs. excommunication 

or church censure. 

4. Moral lazu. Self-approval vs. self-censure, and approval vs. 

censure of society or community. 

5. International laz^\ Approval vs. disapproval of nations — 

possibilities of war. 

6. Municipal lazv. Popular approval or disapproval and pen- 

alties prescribed by nation, state or municipal statutes. 

II. Remedial lazvs, — may be enforced by 

1. Courts of Common Lazv. Governed by common law rules 

and strictly bound by precedent. Functions, punishment 
and compensation for acts after they occur. 

2. Courts of Equity. Extraordinary remedies not recognized 

by common law : injunction against unlawful action, — 
enforce specific performance. 
III. Enforcement of Remedial Lazvs. Jurisdiction of courts, of com- 
mon law. Every person lives under three forms of gov- 
ernment, — national, state, and local. In most states the 
courts for the enforcement of remedial laws are as fol- 
lows : 

1. lust ice courts, — which are limited to cases involving not 

more than $200. 

2. Circuit Court. Cases that arise under laws of the state ; also 

those that arise under laws of the United States where 
amount involved is less than $2,000. 

3. Supreme Court of State. Review of circuit court cases ; also 

court of original jurisdiction in cases involving constitu- 
tional questions. 



Bibliography of Laws and Legal Relations 1 7 

4. U. S. Circuit Court. Cases under United States statutes; 

also cases between citizens of different states, involving 
property rights of more than $2,000. 

5. U.S. Court of Appeal. Review of circuit court decisions. 

6. U. S. Supreme Court. Review of decisions of court of ap- 

peal and of supreme courts of states. Court of original 
jurisdiction in questions involving United States consti- 
tutional questions. 

BIBLIOGRAPHY OF LAW 

Engineering and Architectural Jurisprudence, by J. C. Wait. Wiley 
and Sons, New York. 

Laws of Operations Preliminary to Construction in Engineering and 
Architecture, by J. C. Wait. Wiley and Sons, New York. 

Manual of Commercial Law, by E. W. Spencer. The Bobbs-Merrill 
Co., Indianapolis, Indiana. 

Laws of Business, by Theophilus Parsons. The S. S. Scranton Co., 
Hartford, Conn. 

Business Law, by T. R. White. Silver, Burdett & Co., New York. 

Dictionary of Law, by W. C. Anderson. T. H. Flood & Co., Chicago. 

Cyclopedic Law Dictionary, Shumaker and Longsdorf. Callaghan 
& Co. 



CHAPTER III 

NOTES ON AGREEMENTS AND CONTRACTUAL RELA- 
TIONS 

§ I. Definitions. 

An agreement is the expression of two or more persons of a mu- 
tual intention to effect the legal relation of those persons. The term 
is broader than the term contract and may include : 

1. An agreement resulting in a contract. This is an agreement 
which directly contemplates the creation of obligations. 

2. An agreement immediately concluded that creates no obliga- 
tion. For example, conveyances of land without covenants ; gifts ; 
sales and delivery of chattels for cash without warranty, etc. These 
are sometimes called executed contracts. 

3. An agreement concluded, with incidental or remote obligations ; 
for example, marriage ; a settlement of property in trust, etc. 

A legal obligation is a private legal control which can be exercised 
by a certain definite person or persons over a certain definite person or 
persons for the purpose of compelling certain definite acts or forbear- 
ances which must possess or be reducible to a money value. 

An executory contract is a legal obligation created by agreement 
and enforceable by an action at law ; it is one in which at least one 
of the parties has something yet to do. 

An executed contract is one in which both parties have done all 
that they agreed to do. 

A bi-lateral contract is an executory contract consisting of an ex- 
press promise of one legal right given in exchange for a counter prom- 
ise of another legal right. 

Example. — A offers to perform certain services for B for a given amount 
and B accepts this offer, promising thereby to pay said amount for A's serv- 
ices; the latter's promise accepts the former's offer of a promise and creates 
a bi-lateral and express contract. 

An express contract is a bi-lateral contract either oral or in writ- 
ing, all of whose terms are accepted. 

An iini-lateral contract is a half -executed, half executory contract. 



Agreements and Contractual Relations 1 9 

consisting of an express or inferred promise of one legal right for an- 
other legal right. 

Ex. — If A offers a definite reward for the return of a lost article, and 
B, acting on the offer, returns the lost article, B's act accepts A's offer and 
creates an uni-lateral and inferred contract, giving B a right to the reward 
offered. 

An inferred contract is an uni-lateral contract where either the act 
of acceptance, or both the act of acceptance and the promise offered are 
inferred. 

Ex. — The owner of a street car system by running his cars along the 
■city streets, offers by inference the facilities of transportation to the public. 
B in entering the street car accepts such offer by inference and thus creates 
an inferred contract. 

A quasi-contract is a legal obligation created by pure implication of 
law. It is not a contract but may be enforced by legal action. 

Whenever a benefit has been received by one person which in 

equity belongs to another person, the law implies an obligation on 

the part of the former to refund the same, and permits the latter to 

recover its value by an action at law. 

Ex. — If A requests B, an engineer, to render a certain professional serv- 
ice for him, there being no express or inferred agreement as to remunera- 
tion, B is, nevertheless, entitled to recover for the value of his services, as 
the law implies an obligation to pay therefor. 

A joint contract is one in which either the promisors are jointly 
bound, or the promisees are jointly entitled to the performance of a 
legal obligation. 

Ex. — If a promise is worded "We promise to pay $100 to X and Y" and 
is signed by A and B, the latter are jointly liable, and the former jointly 
entitled to the payment. 

A several contract is one where either each promisor is individ- 
ually liable or each promisee is individually entitled to the performance 
of a legal obligation. 

Ex. — If a promise is made in the words "We severally promise to pay 
$100 to X and Y to be equally divided between them," is signed by A and 
B, the latter are severally liable, and the former severally entitled to the 
payment of half the amount due. 

A joint and several contract is one where the promisees may elect 
to hold the promisors either jointly or severally bound to perform a 
legal obligation. 

Ex. — If the promise is worded "I promise to pay to X and Y" and is 
signed by A and B, the former jointly may hold the latter either jointly or 
severally liable to pay the amount. 



20 Notes on Contracts and Specifications 

A written contract is an express contract evidenced by writing. 

A specialty is an express written contract under seal. 

Ex. — A agrees to sell B a horse for $100 and B agrees to pay that amount 
for the horse. If the agreement is signed under seal it is a- specialty or 
deed. If no seal is used, it is a written contract and enforceable provided 
B at the same time the agreement was made, pays a part or all of the pur- 
chase price. 

An oral contract is an express contract without other evidence than 
the spoken word. 

A valid contract is one whose obUgations are binding upon both 
parties to the agreement. 

A void agreement is one which creates no obHgation. 

A voidable contract is one whose obhgation is not binding upon 
one party to the agreement, at his election. 

An agreement of imperfect obligation is one which is incapable of 
enforcement, but otherwise valid. 

Ex. — If A agrees to work for B for $100 per year, and they sign a writ- 
ten agreement to that effect, the contract is a valid contract if both parties 
have complete contractural capacity. 

If A is a minor, or other party lacking the capacity to contract, or if the 
contract is procured by fraud, it is a voidable contract. 

If the work which A agrees to perform is unlawful, the agreement is 
void. 

If B does not pay A for his services, and A waits more than six years 
after performing the work before suing, or if B is discharged by proceed- 
ings in bankruptcy, or if the agreement is not in writing to satisfy the 
statutes of fraud, the agreement is valid but unenforceable. 

The contract in which the engineer is most frequently interested 
is the express executory contract, which has been defined as follows : 

"A contract is an agreement in which a party undertakes to do or not 
to do a particular thing." — Chief Justice Marshall, 4 Wheaton (N. C.) 122, 
et seq. 

"Contract is that form of agreement which directly contemplates and 
creates an obligation." — Sir William R. Anson. 

"A contract is a promise to do or to refrain from doing some act which 
the law will enforce. — Prof. J. B. Johnson. 

"A contract in the widest sense of the term, is an agreement whereby 
at least one of the parties acquires a right in relation to some person, thing, 
act, or forbearance." — Prof. R. M. Benjamin. 

"A contract in a narrow sense is an agreement whereby at least one of 
the parties acquires the right to an act or forbearance on the part of the 
other. The obligation assumed by the other is called a promise." — Prof. 
R. M. Benjamin. 



Agreements and Contractual Relations 21 

§ 2. Express Executory Contract. 

Express executory contracts may be of two kinds : 
I. Contracts under seal or specialties. Contracts under seal are 
more formal and of a higher order than parol contracts, and formerly 
had greater force and effect in law, so great, in fact, that an executory 
agreement could be made binding only by a contract under seal. The 
seal imported a consideration and rendered proof unnecessary. The 
presumption was that an agreement executed with so much solemnity 
and deliberation was founded upon sufficient cause. The seal has, 
however, lost much, and in some cases in America, all of its former 
force ; and in some states it has no significance. 

Under the common law, which as noted above, has in some cases 
been modified by statute, the following agreements must be executed 
under seal : 

1. Gratuitous promises. 

2. Contracts with corporations (no longer necessary, unless spe- 
cifically so provided in the corporation charter). 

3. Deeds and mortgages (unless otherwise provided in the statutes 
of the state). 

4. Bonds. 

II. Contracts not under seal, whether written or oral, are termed 
parol contracts. 

§ 3. Requirements of a Valid Contract. 

The requirements of a valid contract are : 
I. Two or more parties with capacity to contract. 
II. An offer and acceptance. 
III. A consideration. 
\y . Legality of object. 
V. Reality of consent. 
VI. A writing (whenever required by the statute of frauds). 

§ 4. Parties with Capacity to Contract. 

I. A man cannot enter into contract relations with himself of such 
nature that it will be enforceable by law. 

A contract must therefore have at least tivo parties. 

II. The following persons are incapable under certain circum- 
stances of entering into a valid contract : 

1. Minors. 

2. Persons of unsound mind. 



22 Notes on Contracts and Specifications 

3. Drunken persons. 

4. Persons under conservators. 

5. Corporations. 

6. Agents. 

1. Minors. At common law, a person under the age of twenty- 
one is a minor. 

A. A minor can bind himself for necessaries. The term neces- 
saries includes all articles and services that are reasonably necessary to 
supply the personal needs of a person in the minor's circumstances, in- 
cluding food, clothing, lodging, medical and legal aid, instruction, etc., 
of quality and quantity suitable to his condition of life. 

B. The contract of a minor, unless made for necessities or under 
the authority or direction of the statutes, is voidable in his favor. Such 
a contract is binding on an adult person who has entered into such a 
contract, but voidable on the part of the minor. 

C. Such contracts may be avoided by the minor either 

(a) During minority, or 

(b) Before ratification after attaining majority. 

D. Such contracts may be confirmed by the minor after attaining 
his majority by 

(a) Express ratification. 

(b) By acts which clearly show his intention to confirm the con- 
tract. 

(c) By omission to disaffirm the contract within a reasonable time 
if such omission is prejudicial to the interests of the other party, or 
within the statutory period of limitation. 

E. If a minor avoids a contract on which he has received money 
or property, he must restore it if it is in his power to do so. 

F. Where a minor has performed service in partial or entire exe- 
cution of an express contract, and he avoids the contract, he may re- 
cover the value of the services rendered on an inferred contract. 

2. Persons of unsound minds. 

A. A person of unsound mind may bind himself for necessaries. 

B. A contract other than for necessaries made by a person who is 
of unsound mind is voidable in his favor. 

C. A contract made with such a person in a lucid interval is 
binding. 

D. When such persons, not under conservator, are apparently of 
sound mind, and the other contracting party has reasonable cause to 



Agreements and Contractual Relations 23 

believe otherwise, the eoiitraet eannot l)e avoided if it is fair and has 
been so far performed that the party cannot be restored to his former 
position. 

3. Drunken persons. 

A. A drunken person can bind himself for necessaries. 

B. Contract for other than necessaries, made by a person so drunk 
as to be incapable of understanding its nature and effect, is voidable in 
his favor. 

C. A less degree of drunkeness does not render the contract void- 
able unless the circumstances justify the inference that it was obtained 
by fraud. 

4. Persons under conservators. — Persons for v^hom conservators 
have been appointed on account of feebleness of mind, drunkenness, 
idleness or debauchery, are limited in their contractual capacity in a 
manner similar to minors, persons of unsound mind and drunken per- 
sons. 

5. Corporations. — Municipalities and business corporations. 

A corporation is an artificial person created by law and has the 
capacity to make contracts within the scope of the powers conferred 
upon it by the act of incorporation, but to that extent only. 

A. A valid contract with a corporation must be : . , 
(a) Within its corporate powers. 

{h) Authorized by its legally governing body. 

(c) Entered into by the official or officials properly authorized. 

B. Unless restricted by its charter, a corporation can make any 
contract within the scope of its powers in the same manner and under 
the same circumstances as a natural person. It may even be liable 
on an implied contract. 

C. A contract is within the powers of a corporation w^hen it is nec- 
essary or reasonably incidental to the purposes for which the corpora- 
tion was created, and is not expressly prohibited. 

D. If the contract has been performed by the other contracting 
party, and the corporation has actually received benefit therefrom, it 
cannot withhold payment therefor on the ground that it was not em- 
powered to make the contract, although such contract may not be 
within the scope of the powers conferred upon it. 

6. Agents. — A person legally competent may act through a duly 
appointed agent. In such cases the agent will have the following 
powers and limitations : 



24 Notes on Contracts and Specifications 

A. The acts of the agent will make the principal responsible for 
the exercise of all powers duly conferred or which may be fairly im- 
plied. 

B. The acts of the agent without the actual authority or appear- 
ance of authority of the principal does not bind the principal unless 
subsequently ratified by him. 

C. To bind his principal by an instrument under seal, the agent 
must have authority under seal, except : 

(a) When the instrument is sealed in the presence of the prin- 
cipal and by his authority. 

(b) Where the instrument would have been valid without seal. 

(c) Where a corporation by resolution of its governing board 
without seal authorizes the execution of the instrument under seal. 

D. An agent cannot represent a principal to whose interests his 
own are antagonistic. 

E. The authority of public officers and agents are matters of pub- 
lic law and record of which all parties are legally bound to take notice. 

§ 5. Offer and Acceptance. 

I. The offer must be clear and absolute, and must manifest an in- 
tention to create or to change legal relations. 

1. An offer may be revoked at any time before acceptance. Ex- 
cept when : 

A. A definite option, for which a valuable consideration is given, 
is granted. 

B. The offer is made in answer to a request for proposals to be 
accompanied by a deposit, certified check or bond, to be forfeited as 
liquidated damages for failure to enter into contract obligations, if the 
proposal be accepted. In this case, the opportunity of submitting the 
proposal, the expense incurred by the preparation of plans, by adver- 
tisements for proposals, by furnishing plans and specifications, and by 
other acts of the first party, are sufficient considerations for the exer- 
cise of the option to retain the privilege of actepting or rejecting the 
proposal for a certain specified or for a reasonable time. 

2. An offer may elapse before acceptance. 

A. By expiration of a prescribed time for acceptance. 

B. Where no time is prescribed, by the expiration of a reasonable 
time for acceptance. 

C. By failure to comply with the prescribed conditions, as to the 
mode of acceptance. 



Agreements and Contractual Relations 25 

D. By the death or insanity of either party. 

II. The acceptance must be clear, absokite, identical with the 
terms of the offer and with the intention of creating legal obligations. 

An acceptance upon terms varying from those proposed by the 
oft'er is a counter-proposition, and is not binding until it is itself ac- 
cepted. Such a counter-proposal is a virtual rejection of the original 
offer, and since the offer when rejected is at an end, a subsequent ac- 
ceptance of the original oft'er can operate only as a new counter-pro- 
posal which, like the original oft'er, may be either accepted or rejected. 

III. I. An agreement is not a contract unless its terms are cer- 
tain or capable of being made certain. 

2. Either the offer or the acceptance may be expressed by conduct 
or words. Performance of the conditions of an oft'er, or the acceptance 
of the consideration proffered is an acceptance of the offer. 

3. An oft'er need not be made to a definite person, but no contract 
can exist until the oft'er has been accepted by a definite person. 

4. \Miere the parties communicate by means beyond their control, 
as by mail, the contract is complete the moment the acceptance is dis- 
patched, provided this is done in due time after receipt of the oft'er 
and before notice of withdrawal is received. • 

§ 6. Consideration. 

In every contract containing a promise, there must be a considera- 
tion for the promise, except in the case of certain contracts under seal 
or negotiable, the form of which imports the consideration. In such 
cases, the want of a consideration may be pleaded and proved, except 
against a bona fide fide assignee (or innocent purchaser) of a negoti- 
able contract, purchased and assigned to him before it came due. 

A contract is said to be negotiable when it can be so transferred 
that the assignee has the right to sue upon it at law in his own name. 
(Bills of exchange or promissory notes.) 

A bona fide assignee is an innocent purchaser for value to whom 
the negotiable paper has been sold and assigned without notice of the 
want of a consideration. 

I. The consideration need not be adequate to the promise but it 
must have some value. So long as the promisor gets what he has 
bargained for and without claim of fraud or undue influence, the court 
will not inquire into the adequacy of the consideration. 

II. AMien at the request of the promisor, the promisee confers or 
promises to confer any benefit upon the promisor, or incurs or prom- 



26 Notes on Contracts and Specifications 

ises to incur any detriment, and such detriment, benefit or promise is 
the inducement for the promisor's promise, it is a sufficient considera- 
tion for the promise. 

III. The abandonment of any legal or equitable right against the 
promisor or against a third party, or the forbearance to exercise it for 
a definite or reasonable time is sufficient consideration for a promise ; 
so is the compromise of a disputed claim honestly made, although it 
ultimately proved to be unfounded. 

IV. The delivery of property in trust to a person is sufficient 
consideration for a promise to execute the trust. 

A'. Blood relationship, natural affection or moral obligations are 
not sufficient considerations to support a promise. 

VL A promise whose performance is impossible in itself or im- 
possible in law, is not sufficient as a consideration ; neither is a prom- 
ise to do or actually doing what one is legally bound to do. 

\^II. A past consideration will not support a subsequent promise, 
for such a promise is purely a gratuity only. 

Exceptions. 

1. If a request is made and a consideration granted, and the re- 
quest under the circumstances reasonably implies the promise of re- 
compense, such promise can be enforced. 

2. If one without request voluntarily does on behalf of another 
that which the other was legally bound to do, the act may be ratified 
by the latter by a subsequent promise of recompense, and such ratifica- 
tion will be equivalent to a previous request in supporting such prom- 
ise. 

3. When under the law^ a promise for a valuable considerat'on 
cannot be enforced against the will of the promisor, he may, subse- 
quently, if of full capacity to contract, renounce the benefit of such law 
by renewing his original promise. 

§ 7. Legality of Object. 

An agreement, the object of which is forbidden by law or opposed 
to pubHc policy, will not be enforced by the court. The performance 
or omission of an act may be forbidden by express prohibition or by 
implication. 

The principal classes of agreement opposed to the law or to pub- 
lic policy are those : 

I. Which tend to injure public service. 
II. Which tend to obstruct the course of public justice. 



Agreements and Contractual Relations 27 

III. Which tend to encourage Utigation. 

IV. Which involve immorahty. 

V. Which unduly affect the freedom or security of marriage. 
VI. In unreasonable restraint of trade. 
VII. To suppress competition at letting, or at sale by auction. 
VIII. To submit to arbitration. 
IX. To pay usurious interest. 
X. To submit to unjust penalties. 

§ 8. Reality of Consent. 

Consent is not real when it is caused by mistake, misrepresenta- 
tion, fraud, duress, or undue influence. 

I. Mistake is a ground for avoiding a contract where it is : 

1. A mistake as to the nature of the transaction in the absence 
of negligence operating as an estoppel. 

2. A mistake as to the person with whom the contract made. 

3. A mistake as to the existence or identity of the subject matter 
of the contract. 

A contract cannot be avoided on the ground of a mistake as to any 
law in force in the state. 

II. Misrepresentation as distinguished from fraud is ground for 
avoiding a contract when it consists in a statement or non-disclosure of 
the following character by one of the parties reasonably relied upon by 
the other and inducing him to enter into the contract. 

1. Untrue statement of the material fact believed to be true by the 
one making it. 

2. A non-disclosure of the material facts by one under a special 
obligation to make the disclosure by reason of the fiduciary nature of 
the contract or the confidential relation of the parties. 

III. Fraud. — Fraud as a ground for avoiding a contract consists 
in any of the following acts committed by one of the parties or with his 
connivance, and with intent to induce the other to enter into the con- 
tract, and which is reasonably relied upon by the latter, and actually 
induces him to enter into the contract. 

1. A false representation of material facts by one with knowledge 
of the falsehood, or a representation made in reckless disregard of what 
may be true. 

2. The actual concealment of a material fact by one with knowl- 
edge or belief of the fact. 

^. Anv other act fitted to deceive. 



28 Notes on Contracts and Specifications 

IV. Duress. — Duress, as grounds for avoiding a contract, consists 
in any of the following acts committed or threatened by one of the par- 
ties or with his connivance, and causing the other to enter into the 
contract. 

1. Unlawful imprisonment of the other party or of his wife, par- 
ent, or children. 

2. Imprisonment of such party, procured through the abuse of 
lawful process or made unjustly oppressive. 

3. Unlawful and great bodily harm to such party. 

4. Unlawful seizure, detention or destruction of the property of 
such party. 

V. Undue Influence. — Undue influence as a grounds for evading a 
contract may obtain where one of the parties induced the other to enter 
into the contract by the unconscientious use of power afforded by 

1. Parental fiduciary or confidential relations. 

2. Mental weakness of the other. 

3. Necessity or extravagance of an expectant heir or one sustain- 
ing that character. 

§ 9. Statute of Frauds. 

No contract within the provision of the statute of frauds is en- 
forceable at law. unless such contract or some memorandum thereof is 
in writing, signed by the party to be charged thereby, or by his lawfully 
authorized agent. Such contract or some memorandum thereof must 
show who are the parties thereto and what is the promise sought to be 
enforced. 

A verbal contract within the statute is voidable but not void. 

The written contract or memorandum need not be signed by the 
other party to the contract ; a written oft'er, verbally accepted, is bind- 
ing upon the signer. 

The following promises are within the statute of frauds : 

1. A special promise to an executor or administrator to answer 
any debt or damage out of his own estate. 

2. A special promise to personalh' assume the debt, default or mis- 
carriage of another person. 

3. An agreement made upon the consideration of marriage. 

4. Certain agreements not to be performed within the space of one 
year from the making thereof. 

5. A contract for the sale of land, tenements or hereditaments, or 
the disposal of any interests in them for a longer period than one year. 



Agreements and Contractual Relations 29 

Such contracts if made by agents are not enforceable at law unless the 
authority of the agents is also in writing and signed by such party. 

§ 10. The Interpretation of Contract. 

When the meaning of a contract is in doubt, the leading rules of 
construction which govern its interpretation are as follows : 
I. In general. 

1. Where no doubt exists, there is no room for construction. 

2. Impossible things cannot be required. 

3. The controlling consideration in construction is to discover the 
mutual intentions of the parties. With this object, the subject matter, 
context, and the object, precedence, consequences, causes, effects, and 
conditions of the parties to the contract must be examined to determine 
their intention. 

II. As to the in'caning of words. 

1. The words of a contract are to be construed with reference to 
its subject matter and the circumstances under which it was made. 
They are to be taken as those who used them intended. 

2. When words have more than one sense, that agreeable to law 
must prevail. 

3. Words inconsistent with the nature of a contract or with the in- 
tention of the parties, will be rejected. 

4. The words are to be taken in their ordinary and popular sense, 
unless by the usage of trade, etc., they have acquired a peculiar sense 
in regard to the matter considered. 

5. Technical words, unless clearly used in another sense, are to be 
interpreted as usually understood by the persons in the profession, busi- 
ness or trade to which they relate. 

6. Broad wording will not extend a contract to those things con- 
cerning which it is apparent the parties did not intend to contract. 

III. Inconsistency. 

1. Several writings between the same parties, if they relate to the 
same subject matter and are substantially parts of one transaction, 
must be taken and construed together as one contract. 

2. Where the terms of the contract, partially written and partially 
printed, are inconsistent, the written part will control the printed. 

3. Words inconsistent with the nature of a contract or with the in- 
tention of the parties, will be rejected. 

4. When no doubt exists as to the meaning of a contract, the con- 



30 Notes on Contracts and Specifications 

struction which the parties to it have practically given it by their act, 
carries great weight. 

5. In case of doubt, the language of a contract is taken most 
strongly against the party using it, except when this would cause pen- 
alty or forfeiture. 

§ II. The Discharge of Contract. 

A contract may be discharged : 
I. By agreement between the parties. 
II. By contract provisions. 

III. By performance. 

IV. By impossibility of performance. 
V. By operation of law. 

VI. By breach of the contract. 
VII. By the discharge of the. right of action. 
I. Discharge by agreement. 
A contract not performed on either side may be discharged 

1. By mutual agreement of the parties, the consideration being 
mutual release. 

2. By a change in its terms or the substitution of a new contract. 

3. By a new and independent contract with terms inconsistent 
with the old contract. 

4. By release under seal or upon a sufficient consideration. 

5. By a change in the parties, whereby a new party is substituted 
for the previous one by agreement of all three, while the terms remain 
the same. 

II. Discharge by contract provisions. — A contract may be dis- 
charged by certain contract provisions where it is specified 

1. That the non-fulfillment of certain specified terms shall give 
to one party the option of cancelling the contract. 

2. That the fulfillment of certain conditions or the occurrence of 
certain events shall release the parties from further liabilities. 

3. That the contract may be terminated upon certain terms at 
the option of either of the parties. 

III. Discharge by performance. — A contract may be discharged 
by performance in accordance with its terms. 

A modification of the terms of performance may be accepted in 
satisfaction of the performance as specified, and be equally effectual in 
the discharge of the contract. 



Agreements and Contractual Relations 31 

The promisor is discharged from liability on his promise when he 
has made proper offer of performance and the offer has not been ac- 
cepted. 

IV. Impossibility of performance. — Where there is an express con- 
tract to do a certain thing possible both in nature and by law, the prom- 
isor must do it or pay damages, even though in consequence of un- 
foreseen causes over which he has no control the performance of 
his contract has become 'mpossible. 

Exceptions. — The following cases are exceptions to the above rule : 

1. Where a specified thing whose continued existence is essential 
to the performance is destroyed without default of the promisor. 

2. Where the contract is for personal service and performance 
"becomes impossible. by reason of death, insanity or sickness. 

3. Where performance becomes impossible by change of law or by 
some action under the authority of the government. 

When a party has an option to perform his contract in either of 
two ways, if one of them becomes impossible, he is bound to perform 
it in the other. 

V. Discharge by operation of law. 

1. Merger. — The acceptance of a higher security for a lower be- 
tween the same parties and upon the same debt as a contract under 
seal for a parol contract, will extinguish the lower by merger. 

2. Alteration. — The intentional alteration of a material part of a 
written contract, by or with the assent of one party thereto without 
the consent of the other, will discharge all of the executory. obligations 
of the former against the latter. 

3. Bankruptcy. — Under a bankrupt law, a proper discharge in 
bankruptcy will, subject to the limitation imposed by law, release the 
bankrupt from all liabilities. 

VL Discharge by breach of contract. — Upcn the breach of a con- 
tract, the injured party acquires a right of action for damage. The 
compensation for damages at common law is limited to pecuniary dam- 
ages. In certain cases when such remedy would be inadequate, a 
court of equity will assume jurisdiction and enforce specific perform- 
ance of the contract. 

If one party to a contract breaks it in any of the following ways, 
the other party may avoid the further performance on his part, and 
bring action for damages : 

I. By repudiation of the contract. 



32 Notes on Contracts and Specifications 

2. By an act that renders the performance impossible. 

3. By a failure to perform such acts as may be precedent to the 
performance of the other party. 

4. By failure to perform in a matter specified as essential to the 
continuance of the contract. 

\'II. Discharge by right of action. — When a right of action arises 
from a breach of contract such right of action and consequently the 
contract itself may be discharged by 

1. A release. 

2. An accord and satisfaction. 

3. The judgment of a court of competent jurisdiction. 

4. Limitation. 

1. Release. — A valid release of the right of action must be either 
under seal or for a valuable consideration. 

2. Accord and satisfaction. 

A. Where there is an offer to accept the performance of some^ 
thing new in lieu of a claim, and the performance is completed before 
the withdrawal of the offer. 

B. W^here it clearly appears that a promise (not the performance) 
of something new is by agreement taken in satisfaction of a claim. 

C. Where a cause of action is pursued to final judgment in a court 
of competent jurisdiction, a judgment in favor of the plaintiff dis- 
charges the cause of action by way of a merger, and a judgment 
against him on the merits discharges it by way of estoppel. 

3. Judgment of the court. — When an action on a contract is 
brought in a court of competent jurisdiction, a judgment discharges 
the cause of action by merger if in favor of the plaintiff* and by estop- 
pel if in favor of the defendant. 

4. Lapse of time. — In many states there are statutes called Statutes 
of Limitation, which fix a limit of time within which the right of action 
must be exercised, and which afford when involved an absolute bar to 
an action brought beyond the prescribed time. 



Bibliography of Contractual Relations 33 



BIBLIOGRAPHY OF CONTRACTS. 

The Laws of Contracts — John C. Wait (John Wiley & Sons). 

Engineering and Architectural Jurisprudence, Laws of Construction — 
John C. Wait (John Wiley & Sons). 

Miller on Contracts — H. E. Miller (The Keefe-Davidson Co.). 

The Law of Contracts — Alexander Harwig (The Myron C. Clark Pub. 
Co.). 

Clark on Contracts — Wm. L. Clark, Jr. (West Publishing Co.). 

The General Principles of the American Law of Contracts — R. M. Ben- 
jamin (The Bowen-Merrill Co.). 

The Principles of the English Law of Contracts — ^Sir W. R. Anson (Cal- 
laghan & Co.) 

Cases on the Law of Contracts — W. A. Keener, 2 Vols. (Baker Voorhis 
& Company). 

Contracts in Engineering — J. I. Tucker (McGraw-Hill Book Co.). 

Engineering Contracts and Specifications — J. B. Johnson (Engineering 
News Pub, Co.). 

Bishop on Contracts— J. P. Bishop (T. H. Flood Co.). 

Lectures on Law of Contracts — J. M. Brown, Washington, D. C. (Pub- 
lished by author). 

Government Contracts — C. F. Carusi (Callaghan & Co.). 

Laws of Business — Theophilus Parsons (The S. S. Scranton Co.). 

Manual of Commercial Law — Edward W. Spencer (The Bobbs-Merrill 
Co.). 

Business Law — Thomas R. White (Silver, Burdett & Company). 



CHAPTER IV 

PERSONAL RELATIONS 

§ I. Limitations of Positive Law. — The necessity of a guide to 
human conduct has been recognized in every age and by every people. 
With primitive people, might made right, and force was the basis of 
the settlement of disputes until this became recognized as an imsatis- 
factory and a needessly expensive method for the adjustment of social 
relations. Even today in international relations, the law of might is 
frequently exercised and such exercise is a sad commentary on our 
present so-called civilization. The necessity for satisfactory, estab- 
lished social and business relations resulted in the establishment of 
positive law which, while it has grown, developed and improved, still 
leaves much to be desired. 

While positive law fixes certain social and business obligations be- 
tween individuals, and provides a method by which further obligations 
can be established by agreement, yet even where an attempt is made in 
a contract to specify in the greatest detail the limitations of such obli- 
gations, there are many points of contact in both social and business 
intercourse over which no successful legal control can be established. 

Positive law is an attempt to crystalize the ideas and convictions 
of the citizens of a country as to those obligations and that conduct 
which, established by custom, usage and experience, seems to afford 
the greatest degree of justice and equity under average conditions in 
the relationship of man to man. Such laws fall so far short of accom- 
plishing their object that courts of equity have been established to miti- 
gate and supplement the law in cases where strict legal relief is im- 
practicable. 

Laws were originally enacted with the object of protecting par- 
ticularly the established rights of the ruling class, and were modified 
to benefit the more unfortunate only as revolution or change in the 
moral and ethical view of the people required. Even today undue 
weight is frequently given to vested and property right, to the detri- 
ment of the unfortunate. While the observance of legal rights is highly 
important, still a society in which none but legal rights are recognized 
would constitute a most unhappy community. 



Personal Relations 35 

§ 2. Ethics. — While the law defines the privileges of the individ- 
ual in the larger matters of life, it does not always assure equity and 
justice even in those matters, and is a guide to a limited extent only in 
the every day relations of man to man. The individual conduct in 
those manifold intimate relations which are not governed by legal en- 
actments have more to do with character and success than the observa- 
tion of mere legal requirements. It is not sufficient that the law be ob- 
served, for a man may live strictly within the law and be most unde- 
sirable as a citizen, friend or neighbor. 

To the honorable business or professional man, the question of a 
legal right in regard to a course of conduct is of secondary importance 
to the ethical right, and he will not exercise legal rights which are not 
also morally sound. As has already been pointed out, the law only ap- 
proximates justice and equity, and frequently in its application falls 
far short of the object. Then again, the exercise of a legal right some- 
times involves legal action, which in turn requires an expenditure of 
time and money often unwarranted by the results which may be at- 
tained ; so the legal right, while equitable, may not be enforced on ac- 
count of the trouble involved. Unfortunately there are men who are 
willing to take advantage of all laws favorable to themselves even 
though entirely unjust, and to take advantage of the unwillingness of 
others to sustain their rights in court and to trespass on those legal 
rights so far as can safely be done. 

Moral and ethical principles undoubtedly began to develop prior 
to the establishment of even the most primitive forms of positive law 
and have grown and developed concomitant with the developmen't of 
the law. Humanity has long recognized the imperfection in positive 
law and has attempted to control through religion and moral associa- 
tions and societies and through established public opinion, those human 
actions which need control for the general and individual good but 
which positive law has failed to effect. In general every country has a 
certain moral or ethical standard which may be regarded as established 
by custom and general approval. Such standards are more or less im- 
perfect. True ethical principles are not a matter of custom but are 
well understood and have been recognized by the best men in all ages 
and in all walks of life. The ethical code established by custom 
changes with the development of> society and can reach perfection only 
when society develops' morally far beyond its present condition. 



36 Notes on Contracts and Specifications 

The net practical results of the ethical development of any nation 
must be judged by the resulting conditions. Social conditions which 
will permit of so much crime and poverty as now exist in every coun- 
try, are not ideal and these conditions which now obtain are undoubt- 
edly largely due to the unethical legal and social organization of so- 
ciety and to ignorance of how best to accomplish the desired results, 
and unwillingness to waive personal advantage in favor of moral obli- 
gations. In every society there are individuals who fail to recognize, 
or at least to exercise, even those ethical and moral obligations which 
are regarded as well founded by the society in which they live, and 
who undoubtedly accomplish certain desired results and derive certain 
profits and apparent advantages by such disregard. Humanity is weak, 
and few individuals have lived active lives in constant contact with 
their fellow men, who have always observed those ethical obligations 
which they in their conscience recognize as morally just and equitable. 

§ 3. Formation of Individual Principles.^It is essential that 
every individual who is to take part in business or professional life 
should adopt or form individual principles of action for guidance in 
his relations to others with whom he must necessarily come in contact, 
for without such principles he will not be able to act promptly and he 
will be uncertain in his relation to men, and often be led into embar- 
rassing positions with possible loss of his self-respect and reputation. 
The principles to be adopted should be sound and, at least until sub- 
stantiated by personal experience, should be based on the consensus of 
opinion of those men to whom the individual looks up with confidence 
and respect. Without such principles mistakes are certain and the 
individual may be led into a course of action which will seriously affect 
his future. 

The first step in unethical conduct is often inadvertent and is made 
through ignorance. Conditions often render further departure ap- 
parently expedient or necessary. The moral ideals become blunted, and 
ethical principles are ignored because of the unethical attitude of asso- 
cia^tes and competitors, and are ignored with the thought or expression 
that "If we go to Rome we must do as the Romans/' or 'Tf we do not 
do this some one else will," and on such false ideas the downward path 
begins, and ends where? 

There can be no question that as a basis of a successful life, and 
entirely apart from moral and religious ideals, "Honesty is the best 
policy." Even those who have occasion to use dishonest services cast 



Personal Relations 37 

them aside when their immediate use is over, well knowing" that he who 
will sell himself once may do so a second time, and to the detriment of 
his first employer. The incidental and apparent profit which may tem- 
porarily accrue from unethical conduct so dwarfs the intellects of those 
who yield to its temptation that it is bound to lead to moral and profes- 
sional ruin. 

It is therefore essential in business and in professional life that 
the individual be honest, preferably from an ethical and moral stand- 
point, but if not from this point of view, then certainly from the stand- 
point of policy. 

At the best, life is brief, and true usefulness and happiness should 
be its aim, and while the engineer or other professional or business 
man may acquire comparatively little wealth, he can and should own 
himself, and his dearest possession should be a spotless reputation. 
Honesty and integrity lead to dependability. No amount of knowledge 
or work can take the place of these attributes. The man who can be 
depended upon is ever in demand, and if he has also acquired a high 
degree of knowledge and experience and an appetite for hard work, his 
true success, barring accidents, is assured. 

§ 4. Conduct of Professional Practice. — The conduct of the 
engineer or architect in the practice of his profession should be gov- 
erned by a strict regard for the rights of others and an appreciation of 
the duties he, as a professional man, owes to all with whom he has busi- 
ness relations. The x\merican Institute of Architects offers certain 
advice relative to the principles of professional practice, which they 
recommend to their members.^ In most respects this advice is directly 
applicable to engineering practice as well. While these principles may 
not seem directly applicable to the conduct of the young engineer in 
minor professional positions, they contain the basic principles on which 
all such conduct should rest, and if read in connection with the codes 
of ethics which follow, will furnish the necessary information for the 
proper course of individual action in most cases. 

The American Institute of Architects, seeking to maintain a 
high standard of practice and conduct on the part of its members as 
a safeguard of the important financial, technical and esthetic inter- 



1 Reprinted from the "Quarterly Bulletin" of the American Institute of 
Architects, Adopted by the Institute at the Washington convention, Dec. 
14-16, 1909. 



38 Notes on Contracts and Specifications 

ests entrusted to them, offers the following advice relative to pro- 
fessional practice : 

The profession of architecture calls for men of the highest integrity, 
business capacity and artistic ability. The architect is entrusted with finan- 
cial undertakings in which his honesty of purpose must be above suspicion; 
he acts as professional adviser to his client and his advice must be abso- 
lutely disinterested; he is charged with the exercise of judicial functions 
as between client and contractors and must act with entire impartiality; 
he has moral responsibilities to his professional associates and subordi- 
nates; finally, he is engaged in a profession which carries with it grave 
responsibility to the public. These duties and responsibilities cannot be prop- 
erly discharged unless his motives, conduct and ability are such as to com- 
mand respect and confidence. 

No set of rules can be framed which will particularize all the duties of 
the architect in his various relations to his clients, to contractors, to his 
professional brethren, and to the public. The following principles should, 
however, govern the conduct of members of the profession and should serve 
as a guide in circumstances other than those enumerated: 

1. Architecfs Sitatns. — The architect's relation to his client is primarily 
that of professional adviser; this relation continues throughout the entire 
course of his service. When, however, a contract has been executed between 
his client and a contractor by the terms of which the architect becomes the 
official interpreter of its conditions and the judge of its performance, an 
additional relation is created under which it is incumbent upon the architect 
to side neither with client nor contractor, but to use his .powers under the 
contract to enforce its faithful performance by both parties. The fact that 
the architect's payment comes from the client does not invalidate his obli- 
gation to act with impartiality to both parties. 

2. Preliminary Dratvings and Estimates. — The architect at the outset 
should impress upon the client the importance of sufficient time for the 
preparation of drawings and specifications. It is the duty of the architect 
to make or secure preliminary estimates when requested, but he should 
acquaint the client with their conditional character and inform him that 
complete and final figures can be had only from complete and final drawings 
and specifications. If an unconditional limit of cost be imposed before such 
drawings are made and estimated, the architect must be free to make such 
adjustments as seem to him necessary. Since the architect should assume 
no responsibility that may prevent him from giving his client disinterested 
advice, he should not, by bond or otherwise, guarantee any estimate or 
contract. 

3. Superintendence and Expert Services. — On all work except the sim- 
plest, it is to the interest of the owner to employ a superintendent or clerk- 
of-the-works. In many engineering problems and in certain specialized 
esthetic problems, it is to his interest to have the services of special experts 
and the architect should so inform him. The experience and special knowl- 
edge of the architect make it to the advantage of the owner that these per- 



Personal Relations 39 

sons, although paid by the owner, should be selected by the architect under 
whose direction they are to work. 

4. The ArchitecVs Charges. — The Schedule of Charges of the American 
Institute of Architects is recognized as a proper minimum of payment. 
The locality or the nature of the work, the quality of services to be rendered, 
the skill of the practitioner or other circumstances frequently justify a 
higher charge than that indicated by the schedule. 

5. Payment for Expert Service. — The architect when retained as an ex- 
pert, whether in connection with competitions or otherwise, should receive 
a compensation proportionate to the responsibility and difficulty of the 
service. No duty of the architect is more exacting than such service, and 
the honor of the profession is involved in it. Under no circumstances should 
experts knowingly name prices in competition with each other. 

6. Selection of Bidders or Contractors. — The architect should advise the 
client in the selection of bidders and in the award of the contract. In ad- 
vising that none but trustworthy bidders be invited and that the award be 
made only to contractors who are reliable and competent, the architect pro- 
tects the interests of his client. 

7. Duties of the Contractor. — As the architect decides whether or not 
the intent of his plans and specifications is properly carried out, he should 
take special care to see that these drawings and specifications are complete 
and accurate, and he should never call upon the contractor to make good 
oversights or errors in them nor attempt to shirk responsibility by indefinite 
clauses in the contract or specifications. 

8. Engaging in the Building Trades. — The architect should not directly 
or indirectly engage in any of the building trades. If he has any financial 
interest in any building material or device, he should not specify or use it 
without the knowledge and approval of his client. 

9. Accepting Commissions or Favors. — The architect should not receive 
any commission or any substantial service from a contractor or from any 
interested person other than his client. 

10. Encouraging Good Workmanship. — The large powers with which 
the architect is invested should be used with judgment. While he must con- 
demn bad work, he should commend good work. Intelligent initiative on 
the part of craftsmen and workmen should be recognized and encouraged 
and the architect should make evident his appreciation of the dignity of the 
artisan's function. 

11. Offering Services Gratuitiously. — The seeking out of a possible client 
and the offering to him of professional service on approval and without com- 
pensation, unless warranted by personal or previous business relations, tends 
to lower the dignity and standing of the profession and is to be condemned. 

12. Advertising. — Advertising tends to lower the dignity of the profes- 
sion and is therefore condemned. 

13. Signing Buildings and Use of Titles. — The display of the architect's 
name upon a building under construction is condemned, but the unobtrusive 
signature of buildings after completion has the approval of the Institute. The 



40 Notes on Contracts and Specifications 

use of initials designating membership in the institute is proper in connec- 
tion with any professional service and is to be encouraged as helping to 
make known the nature of the honor they imply. 

14. Competitions. — An architect should not take part in a competition 
as competitor or professional adviser or juror unless the competition is to 
be conducted according to the best practice and usage, of the profession as 
formulated by the institute. Except as an authorized competitor, he may 
not attempt to secure work for which a competition has been instituted. 
He may not attempt to influence the award in a competition in which he has 
submitted drawings. He may not accept the commission to do the work 
for which a competition has been instituted if he has acted in an advisory 
capacity either in drawing the program or in making the award. 

15. Injuring Others — An architect should not falsely or maliciously in- 
jure directly or indirectly, the professional reputation, prospects or business 
of a fellow architect. 

16. Undertaking the Work of Others. — An architect should not under- 
take a commission while the claim for compensation or damages, or both, 
of an architect previously employed and whose employment has been ter- 
minated remains unsatisfied, unless such claim has been referred to arbi- 
tration or issue has been joined at law; or unless the architect previously 
employed neglects to press his claim legally; nor should be attempt to sup- 
plant a fellow architect after definite steps have been taken toward his 
employment. 

17. Duties to Students and Draftsmen. — The architect should advise and 
assist those who intend making architecture their career. If the beginner 
must get his training solely in the office of an architect, the latter should 
assist him to the best of his ability by instruction and advice. An architect 
should urge his draftsmen to avail themselves of educational opportunities. 
He should, as far as practicable, give encouragement to all worthy agencies 
and institutions for architectural education. While a thorough technical 
preparation is essential for the practice of architecture, architects cannot 
possibly insist too strongly that it should rest upon a broad foundation of 
general culture. 

18. Duties to the Puhlic and to Building Authorities. — An architect 
should be mindful of the public welfare and should participate in those move- 
ments for public betterment in which his special training and experience 
qualify him to act. He should not, even under his client's instructions, en- 
gage in or encourage any practices contrary to law or hostile to the public 
interest; for as he is not obliged to accept a given piece of work, he cannot, 
by urging that he has but followed his client's instructions, escape the con- 
demnation attaching to his acts. An architect should support all public offi- 
cials who have charge of building in the rightful performance of their legal 
duties. He should carefully comply with all building laws and regulations, 
and if any such appear to him unwise or unfair, he should endeavor to have 
them altered. 



Personal Relations 41 

19. Professional Qualifications. — The public has the right to expect that 
he who bears the title of architect has the knowledge and ability needed for 
the proper invention, illustration and supervision of all building operations 
which he may undertake. Such qualifications alone justify the assumption of 
the title of architect. 

§ 5. Code of Ethics. — Within the last ten years (1916) the dis- 
cussions of professional ethics have crystalized in many technical socie- 
ties and various codes of ethics have been adopted. These codes do 
not presume to define all of the duties and obligations of the individual 
toward life, but express as far and as clearly as practicable the principles 
which should govern the professional relations of the engineer or archi- 
tect to his client or employer, to other professional men, and to the pub- 
lic. While in general these codes are intended to apply to the con- 
duct of the professional man in independent practice, they also afford 
valuable suggestions to the young engineer or architect as to his 
personal course of conduct. They are not an ideal to be approximated, 
but constitute a standard which should be the positive rule of conduct 
for all who aspire to high professional standing. 

§ 6. The Canons of Ethics of the American Institute of Archi- 
tects. — The following canons are adopted by the American Institute of 
Architects as a general guide, yet the enumeration of particular du- 
ties should not be construed as a denial of the existence of others 
equally important although not specifically mentioned. It should 
also be noted that the several sections indicate offenses of greatly 
varying degrees of gravity. 

It is unprofessional for an architect — 

1. To engage directly or indirectly in any of the building trades. 

2. To guarantee an estimate or contract by bond or otherwise. 

3. To accept any commission or substantial service from a contractor or 
from any interested party other than the owner. 

4. To advertise. 

5. To take part in any competition the terms of which are not in 
harmony with he principles approved by the Institute. 

6. To attempt in any way, except as a duly authorized competitor, to 
secure work for which a competition is in progress. 

7. To attempt to influence, either directly or indirectly, the award of a 
competition in which he is a competitor. 

8. To accept the commission to do the work for which a competition has 
"been instituted if he has acted in an advisory capacity, either in drawing 
the program or in making the award. 

9. To injure falsely or maliciously, directly or indirectly, the profes- 
sional reputation, prospects or business of a fellow architect. 



42 Notes on Contracts and Specifications 

10. To undertake a commission while the claim for compensation or 
damages, or both, of an architect previously employed and whose employ- 
ment has been terminated remains unsatisfied, until such claim has been 
referred to arbitration or issue has been joined at law, or unless the archi- 
tect previously employed neglects to press his claim legally. 

11. To attempt to supplant a fellow architect after definite steps have 
been taken toward his employment. 

12. To compete knowingly with a fellow architect for employment on. 
the basis of professional charges. 

§ 7. Code of Professional Ethics of The American Institute of 
Consulting Engineers.- — It shall be considered unprofessional and 
inconsistent with honorable and dignified bearing for any member 
of The American Institute of Consulting Engineers : 

1. To act for his clients in professional matters otherwise than in a 
strictly fiduciary manner or to accept any other remuneration than his direct 
charges for services rendered his clients, except as provided in Clause 4. 

2. To accept any trade commissions, discounts, allowances, or any indi- 
rect profit or consideration in connection with any work which he is engaged 
to design or to superintend, or in connection with any professional business 
which may be entrusted to him. 

3. To neglect informing his clients of any business connections, interests 
or circumstances which may be deemed as influencing his judgment or the 
quality of his services to his clients. 

4. To receive, directly, or indirectly, any royalty, gratuity, or commission 
on any patented or protected article or process used in work upon which he 
is retained by his clients, unless and until receipt of such royalty, gratuity 
or commission has been authorized in writing by his clients. 

5. To offer commissions or otherwise improperly solicit professional 
work either directly or by an agent. 

G. To attempt to injure falsely or maliciously, directly or indirectly, the 
professional reputation, prospects or business of a fellow engineer. 

7. To accept employment by a client while the claim for compensation 
or damages, or both, of a fellow engineer previously employed by the same 
client and whose employment has been terminated, remains unsatisfied or 
until such claim has been referred to arbitration or issue has been joined at 
law or unless the engineer previously employed has neglected to press his 
claim legally. 

8. To attempt to supplant a fellow engineer after definite steps have 
been taken toward his employment. 

9. To compete with a fellow engineer for employment on the basis of 
professional charges by reducing his usual charges and attempting to under- 
bid after being informed of the charges named by his competitor. 



Authorized by the council, June 23, 1911. 



Personal Relations 43 

10. To accept any engagement to review the work of a fellow engineer 
for the same client, except with the knowledge or consent of such engineer 
or unless the connection of such engineer with the work has been terminated. 

§ 8. Code of Principles of Professional Conduct of The Amer- 
ican Institute of Electrical Engineers." — While the following prin- 
ciples express, generally the engineer's relations to client, employer, 
the public, and the engineering fraternity, it is not presumed that 
they define all of the engineer's duties and obligations. 

(A) General Principles. 

1. In all of his relations the engineer should be guided by the highest 
principles of honor. 

2. It is the duty of the engineer to satisfy himself to the best of his 
ability that the enterprises with which he becomes identified are of legitimate 
character. If after becoming associated with an enterprise he finds it to be 
of questionable character, he should sever his connection with it as soon as 
practicable. 

(B) The Engineer's Relations to Client or Employer. 

3. The engineer should consider the protection of a client's or em- 
ployer's interests his first professional obligation, and, therefore, should avoid 
every act contrary to this duty. If any other considerations, such as profes- 
sional obligations or restrictions, interfere with his meeting the legitimate 
expectation of a client or employer, the engineer should inform him of the 
situation. 

4. An engineer cannot honorably accept compensation, financial or 
otherwise, from more than one interested party, without the consent of all 
parties. The engineer, whether consulting, designing, installing or operating, 
must not accept commissions, directly or indirectly, from parties dealing 
with his client or employer. 

5. An engineer called upon to decide the use of inventions, apparatus, 
or anything in which he has a financial interest, should make his status in 
the matter clearly understood before engagement. 

6. An engineer in independent practice may be employed by more than 
one party, when the interests of the several parties do not conflict; and it 
should be understood that he is not expected to devote his entire time to the 
work of one, but is free to carry out other engagements. A consulting engi- 
neer permanently retained by a party, should notify others of the affiliation 
before entering into relations with them, if, in his opinion, the interests 
might conflct, 

7. An engineer should consider it his duty to make every effort to rem- 
edy dangerous defects in apparatus or structures or dangerous conditions of 
operation, and should bring these to the attention of his client or employer. 



3 Adopted by the board of directors, March 8, 1912. 



44 Notes on Contracts and Specifications 

(C) Ownership of Engineiering Rbxords and Data. 

8. It is desirable that an engineer undertaking for others work in con- 
nection with which he may make improvements, inventions, plans, designs, 
or other records, should enter into an agreement regarding their ownership. 

9. If an engineer uses information which is not common knowledge or 
public property, but which he obtains from a client or employer, the results 
in the forms of plans, designs or other records, should not be regarded as 
his property, but the property of his client or employer. 

10. If an engineer uses only his own knowledge, or information, which 
by prior publication, or otherwise, is public property and obtains no engi- 
neering data from a client or employer, except performance specifications or 
routine information, then in the absence of an agreement to the contrary the 
results in the form of inventions, plans, designs, or other records, should 
be regarded as the property of the engineer, and the client or employer 
should be entitled to their use only in the case for which the engineer was 
retained. 

11. All work and results accomplished by the engineer in the form of 
inventions, plans, designs, or other records, that are outside of the field of 
engineering for which a client or employer has retained him, should be re- 
garded as the engineer's property unless there is an agreement to the contrary. 

12. When an engineer or manufacturer builds apparatus from designs 
supplied to him by a customer, the designs remain the property of the cus- 
tomer and should not be duplicated by the engineer or manufacturer for 
others without express permission. When the engineer or manufacturer and 
a customer jointly work out designs and plans or develop inventions a clear 
understanding should be reached before the beginning of the work regard- 
ing the respective rights of ownership in any inventions, designs, or matters 
of similar character, that may result. 

13. Any engineering data or information which an engineer obtains 
from his client or employer, or which he creates as a result of such infor- 
mation, must be considered confidential by the engineer; and while he is 
justified in using such data or information in his own practice as forming 
part of his professional experience, its publication without express permis- 
sion is improper. , 

14. Designs, data, records and notes made by an employee and referring 
exclusively to his employer's work, should be regarded as his employer's 
property. 

15. A customer, in buying apparatus, does not acquire any right in its 
design but only the use of the apparatus purchased. A client does not ac- 
quire any right to the plans made by a consulting engineer except for the 
specific case for which they were made. 

(D) The Engineer's Relations to The Public. 

16. The engineer should endeavor to assist the public to a fair and 
correct general understanding of engineering matters, to extend the general 
knowledge of engineering, and to discourage the appearance of untrue, un- 



Personal Relations 45 

fair or exaggerated statements on engineering subjects in the press or else- 
where, especially if those statements may lead to, or are made for the pur- 
pose of, inducing the public to participate in unworthy enterprises. 

17. Technical discussions and criticisms of engineering subjects should 
not be conducted in the public press, but before engineering societies, or 
in the technical press. 

18. It is desirable that the first publication concerning inventions or 
other engineering advances should not be made through the public press, 
but before engineering societies or through technical publications. 

19. It is unprofessional to give an opinion on a subject without being 
fully Informed as to all the facts relating thereto and as to the purposes for 
which the information is asked. The opinion should contain a full state- 
ment of the conditions under which it applies. 

(E) The ExGI^^EER's Relations to The Engineering Fraternity. 

20. The engineer should cake an interest in and assist his fellow engi- 
neers by exchange of general information and experience, by instruction and 
similar aid, through the engineering societies or by other means. He should 
endeavor to protect all reputable engineers from misrepresentation. 

21. The engineer should take care that credit for engineering work is 
attributed to those who, so far as his knowledge of the matter goes, are the 
real authors of such work. 

22. An engineer in responsible charge of work should not permit non- 
technical persons to overrule his engineering judgments on purely engineer- 
ing grounds. 

(P) Amendments. 

Additions to, or modifications in, this Code may be made by the Board 
of Directors under the procedure applying to a by-law. 

§ g. Code of Ethics Suggested for The American Institute of 
Chemical Engineers (1913). — 

Purpose of the Code: 

To define the rules of professional conduct and ethics for the members 
of the Institute. 

The Institute expects of its members: 

1. That in all of their relations, they shall be guided by the highest 
principles of honor. 

2. The upholding before the public at all times of the dignity of the 
chemical profession generally and the reputation of the Institute, protecting 
its members from misrepresentaion. 

3. Personal helpfulness and fraternity between its members and toward 
the profession generally. 

4. The avoidance and discouragement of sensationalism, exaggeration 
and unwarranted statements. In making the first publication concerning in- 
ventions or other chemical advances, they should not be made through the 
public press, but through chemical societies and technical publications. 



46 Notes on Contracts and Specifications 

o. The refusal to undertake for compensation, work which he believes 
will be unprofitable to a client without first advising said client as to the 
improbabilty of successful results. 

6. The upholding of the principle, that unreasonably low charges for pro- 
fessional work tends toward inferior and unreliable work, especially if such 
charges are set at a low figure for advertising purposes. 

7. The refusal to lend their names to any questionable enterprise. 

8. Conservatism in all estimates, reports, testimony, etc., especially in 
connection with the promotion of business enterprises. 

9. That they shall not engage in any occunation which is obviously con- 
trary to law or public welfare. 

IQ. When a chemical engineer undertakes for others work in connection 
with which he may make improvements, inventions, plans, designs or other 
records, he should enter into a written agreement with regard to their owner- 
ship; and when it is subsequently found that such an agreement does not 
cover a point at issue, the following rules shall apply: 

a. If a chemical engineer uses information which is not common knowl- 
edge or public property, but which he obtains from a client or employer, the 
results in the form of plans, designs or other records shall not be regarded 
as his property, but the property of his client or employer. 

b. If a chemical engineer uses only his own knowledge or information 
or data, w^hich by prior publication or otherwise are public property, and 
obtains no chemical engineering data from a client or employer except per- 
formance specifications or routine information, then the results in the form 
in inventions, plans, designs or other records should be regarded as the 
property of the engineer and the client or employer should be entitled to their 
use only in the case for which the engineer was retained. 

c. All work and results accomplished by the chemical engineer in the 
form of inventions, plans, designs or other records, or outside of the field 
for which a client or employer has retained him, should be regarded as the 
chemical engineer's property. 

d. When a chemical engineer participates in the building of apparatus 
from designs supplied him by a client, the designs remain the property of the 
client and should not be duplicated by the designer or anyone representing 
him for others without express permission. 

e. Chemical engineering data or information w-hich a chemical engineer 
obtains from his client or employer or which he creates as a result of such 
information must be considered confidential by the engineer; and while he 
is justified in using such data or information in his own practice as forming 
part of his professional experience, its publication without express permission 
is improper. 

f. Designs, data, records and notes made by an employee and referring 
to his employer's work, should be regarded as his employer's property. 

g. A client does not acquire any exclusive right to plans or apparatus 
made or constructed by a consulting chemical engineer except for the specific 
case for which they were made. 



Personal Relations 47 

11. A chemical engineer cannot honorably accept compensation, financial 
or otherwise, from more than one interested party, without the consent of all 
parties; and whether consulting, designing, installing or operating, must not 
accept compensation directly or indirectly from parties dealing with his 
•client* or employer. 

When called upon to decide on the use of inventions, apparatus, pro- 
cesses, etc., in which he has a financial interest, he should make his status 
in the matter clearly understood before engagement. 

12. The chemical engineer should endeavor at all times to give credit 
for work to those who, so far as his knowledge goes, are the real authors of 
such work. 

13. Undignified, sensational or misleading advertising should be dis- 
couraged. 

14. Contracts made by chemical engineers should be subject to the Code 
of Ethics. 

For the administration of this Code of Ethics, a Committee on Ethics 
shall be appointed by the president holding office at the time of the adoption 
of this Code, to consist of five members; one appointed for five years, another 
for four years, another for three years, another for two years, another for 
one year, and thereafter, the president then holding office shall appoint one 
member annually to serve for five years and also fill such vacancies as may 
occur for the unexpired term. Three of these members shall be over forty- 
five years of age. The committee shall elect its own chairman. The Com- 
mittee on Ethics shall investigate all complaints submitted to them bearing 
upon the professional conduct of any member, and after a fair opportunity 
to be heard has been given to the member involved, shall report its findings 
to the Council, whose action shall be final. 

§ lo. Code of Ethics Adopted by American Society of CA^il 
Engineers, Septemiber 2, 1914. — It shall be considered unprofes- 
sional and inconsistent with honorable and dignified bearing for 
any member of the American Society of Civil Engineers : 

1. To act for his clients in professional matters otherwise than as a 
faithful agent or trustee, or to accept any remuneration other than his 
stated charges for services rendered his clients. 

2. To attempt to injure falsely or maliciously, directly or indirectly, the 
professional reputation, prospects, or business, of another engineer. 

3. To attempt to supplant another engineer after definite steps have been 
taken toward his employment. 

4. To compete with another engineer for employment on the basis of 
professional charges, by reducing his usual charges and in this manner at- 
tempting to underbid after being informed of the charges named by another. 

5. To review the work of another engineer for the same client, except 
with the knowledge or consent of such engineer, or unless the connection of 
such engineer with the work has been terminated. 

6. To advertise in self-laudatory language, or in any other manner derog- 
atory to the dignity of the profession. 



48 Notes on Contracts and Specifications 

§ II. Questions in Ethics. — It is reasonably assumed that no 
one who is interested in the discussion of Ethics would deliberately fol- 
low courses of conduct which are clearly and undoubtedly wrong. In 
many cases, a given course of conduct is so obviously right or wrong 
that no choice exists for any honorable man : he must pursue a certain 
line of conduct. 

Conduct may vary from such obvious conditions to those in 
which the questions of right and wrong are so indistinct that opin- 
ions may justly vary, concerning the matter wdiich, in extreme 
cases, may even become simply matters of the individual conscience. 
The application of ethical rules as adopted by the various engineer- 
ing societies while obvious in the abstract are not always so obvious 
in their application ; and those applications which may be obvious 
to the man of affairs may not be apparent to the young man just 
entering practical life. Certain concrete conditions have therefore 
been stated, on some of which it seems desirable that the student 
should express his opinion, and the answers, after being examined, 
should be discussed in the class and the ethics of the situation ex- 
plained. By a thoughtful consideration of such questions and a 
full discussion of the same, the student will gain a more correct 
view of ethical principles than is possible by the study of a state- 
ment of the abstract principles. 

1. A young engineer applied for a position that was to last six months, 
and secured the appointment in active competition with several others. 
After he had worked at the job for a month, he was offered an opportunity 
to greatly better his salary in another city. As he was financially irrespon- 
sible, he could easily leave without fear of legal action. Should he accept or 
decline the new offer, and why? 

2. Assume that an engineer were an applicant for a certain position and 
were asked concerning the standing and qualifications of another engineer for 
the same position, concerning whom he has heard unfavorable reports. 
Should he give the information he possesses? 

3. A young engineer was employed for some years with an engineering 
firm and acquired considerable experience in their specialty. A party desiring 
some work done along that line, and hoping to secure the same at a low figure, 
proposed that the young engineer take up this work at odd times, inde- 
pendently of his employers who, as business was somewhat dull, could spare 
a part of his services. Was he justified in accepting such work, and why? 

4. If an engineer is employed for a portion of his time by a state to 
examine and pass upon plans for work, on which he is supposed to be expert 
and over which the state has assumed a certain control, is he justified in 
seeking to practice his profession by undertaking to prepare plans and speci- 
fications for work along similar lines and within the same state? 



Personal Relations 49 

5. Should or should not an engineer who has prepared plans and speci- 
fications for a piece of work, bid on the same as a contractor, and why? 

6. Plans and specifications were prepared by a firm of engineers for a 
water works system for a small city, and bids were invited. Another engi- 
neer, acting with a contractor, made plans for a cheaper system and attempted 
to secure the contract through their ability to do the work on the cheaper 
system at a less price than could be made by the other contractors on the 
official plans. Was the other engineer justified in his conduct, and why? 

7. A company which had employed an engineer to prepare plans and 
specifications for certain work became dissatisfied and uncertain as to the 
safety of the plans he had proposed. In the absence of the engineer, and 
without advising him as to their intention, they called in another engineer, 
explaining in their letter that they desired him to check up the plans and 
advise them as to their safety and sufficiency. Should the second engineer 
accept or decline the service, and on what grounds? 

8. A second company under similar circumstances, and with the con- 
sent of their engineer, called for similar services from another engineer, who 
accepted and found the works proposed would be perfectly safe but that 
while it was not obvious, yet he could easily show that a considerable sum 
of money could be saved and the plant made much more satisfactory by cer- 
tain minor changes. Such changes in plans would, however, probably reflect 
to some extent on the engineer of the work, and if the plans were allowed 
to stand, the possible saving or improvement would never be known. Was 
it or was it not the duty of the consulting engineer to call the attention of 
the company to the defect, at the expense of his fellow engineer's reputation? 

9. An investigation was made of a contemplated irrigation project and a 
favorable report was duly submitted by an irrigation engineer to a develop- 
ment company. Another engineer was called to make surveys, prepare plans 
and specifications and to supervise construction. After considerable prog- 
ress had been made in the detailed investigations, the engineer became con- 
vinced that the preliminary report was greatly in error and that the project 
could not be a success financially. His opinion was submitted to the devel- 
opment company, and they instructed him to keep his report confidential and 
to continue the work, with the intention of selling sufficient land to protect 
themselves from financial loss of the money already invested and perhaps 
be able to secure a profit. Was the engineer justified or not in continuing 
the work under such conditions, and why? 

10. An engineer, having examined a water power project, reported to his 
clients that in his opinion the cost of development and other conditions 
would make the ccst of the possible power output too great to make the 
project financially satisfactory. His opinion was accepted, and the matter 
was dropped by the client. Later, the same project was taken up by a 
power company, and the same engineer was asked to take charge of the 
development. What was his duty in the premises, and why? 

11. A manufacturer offered an engineer a commission of ten per cent on 
all the material that might be used on a contract, provided his special brand 



50 Notes on Contracts and Specifications 

of material was specified. If the engineer knew or believed that the material 
was equal to any similar material on the market, would he be justified in ac- 
cepting the offer, and w^hy? 

12. Would he be so justified if he knew the material was equal to any 
on the market, and would not cost more than other materials of the same 
kind? 

13. If a similar offer were made to a contractor to specify certain ma- 
terials with his bid, would he be justified in acceptng the same, and why? 

14. A company asked two engineers to name the price at which they 
would agree to prepare plans for a certain piece of work. Each engineer, 
without knowledge of the other, estimated that the work should reasonably 
be worth the sum of $2,000, at which price one of them submitted his prop- 
osition. The other, before submitting his proposal, accidentally heard that 
the same price had been named by his competitor, and being desirous of se- 
curing the work, reduced his price to $1,900. Was he justified in such reduc- 
tion, and why? 

15. If the above w^ork was worth $2,000 at current professional charges, 
and an engineer knowing this and without knowledge of the price named by 
others, was so desirous to secure the work that he was willing to reduce his 
charges to $1,500, would he be justified in such reduction, and why? 

16. An engineer was about to let a contract for certain expensive machin- 
ery. He was very familiar with similar machinery made by a number of 
first class manufacturers, but was unfamiliar with that made by one concern 
whose reputation was, he knew, first class. The company', anxious to stand 
on an equal footing with others, offered to pay all the necessary expenses 
of the engineer to visit several places where their machines were in use, 
including a trip to their factory, where a similar machine was under con- 
struction. If the engineer desired such information, and could conveniently 
make the trip, should he accept or decline the invitation, and why? 

17. If the engineer made the trip above outlined, either at his own ex- 
pense or at the expense of the company, and during the trip was invited by 
the representatives of the company to take various side trips for pleasure 
and to accept various costly entertainment at the expense of the company's 
representatives or of the company itself, should he accept or decline, and 
why? 

18. Should an engineer accept, to any extent, minor favors (cigars, 
theatre tickets, etc.) of a contractor or those who are liable to become con- 
tractors on his work, and if so, to what extent? 

19. A contractor named a price of $50,000 for performing a piece of work 
for a company, for w^hich he was willing to take the Company's notes. The 
notes, he found, could be discounted at the local bank so as to net the con- 
tractor $49,000. The manager of the company, after consulting with the 
cashier of the bank, offered through the cashier to award the contractor the 
contract at $52,000, provided he would allow the bank a total discount at the 
bank of $3,000, in w^hich event the contract would still net the contractor 
$49,000. Should the contractor take the contract under such conditions, and 
why? 



Personal Relations 51 

20. If under the above conditions the cashier advised the contractor that 
the manager was to receive half the discount which the bank made, what 
should be the contractor's attitude toward the contract, and why? 

21. An engineer of reputation was asked by a banking house to take 
charge of certain engineering work, no price being agreed upon for his sal- 
ary. He by chance learned that the bankers would not object to a charge 
of twenty-five per cent in excess of his regular charges. Would he be war- 
ranted in increasing his charges beyond his usual basis? 

22. In a similar case, a company was so desirous of an engineer's serv- 
ices that they offered him fifty per cent more than his customary charges. 
He would have been glad to accept the appointment at his regular charges. 
Was he warranted in accepting the advance? 

23. An hydraulic engineer, under an agreement with a village, prepared 
plans for a water works system. To pay for a part of the work involved, 
village bonds were issued. The officials of the village asked the engineer 
If he would assist them in the disposal of the bonds, and he agreed to do so 
if he conveniently could. He spoke to several bankers, who did not care 
to buy the bonds, and finally meeting the representative of a bond house, 
told him of the bonds which the village desired to sell. The bond house 
purchased these bonds at a price mutually satisfactory to themselves and 
the village. Afterward the president of the bond company, meeting the 
engineer, told him that they had bought the bonds at a very satisfac- 
tory price, and asked him to call at their office as the bond company desired 
to give the engineer a check for one hundred dollars. Should the engineer 
have accepted or rejected the check, and why? 

24. A agreed to buy a farm of B for $5,000, paying $1,000 cash, and 
made a written agreement to meet B on a certain date and either complete 
arrangements by giving a mortgage for the balance or to forfeit the amount 
paid. Before the date of meeting, B, relying on A's agreement, refused an- 
other similar offer. A, on account of sickness, failed to meet at the ap- 
pointed time, and on account of ignorance failed to be represented by at- 
torney. B was undoubtedly damaged only $300 or $400 by failure to sell. 
By failure to meet his agreement, A legally forfeited his payment of $1,000. 
Assuming that A was willing to forfeit a sum equivalent to the actual dam- 
ages, was B morally warranted in holding A to his agreement? 

25. Assume that a body of some five or six men undertake to form a 
joint stock company in a line of business with which they are familiar. On 
account of their knowledge and reputation for fair dealing, they secure sub- 
scriptions to the stock of the company and organize the same. A board of 
directors is elected, consisting probably of the original organizers of the 
company who must also be stockholders. During the early stages of devel- 
opment, the future of the company is more or less uncertain and the prob- 
able outcome will be better understood by those closely connected with the 
management. The right to buy or sell stock is an undoubted legal right 
which can be exercised by any of the stockholders at any time. Would the 
original promoters be justified in selling their stock as soon as the com- 
pany is organized? 



52 Notes on Contracts and Specifications 

26. Would any of the stockholders be justified in the sale of their stock 
hefore the prospects of the company are fully realized? 

27. Would any member of the company, be he director or otherwise, who 
is particularly well informed on the business of the company, be justified 
in purchasing stock from other members less informed, at less than its 
fair value by withholding a knowledge of favorable prospects or by unduly 
deprecating future prospects, and why? 

28. Would any stockholder be justified in undertaking to purchase a 
majority of the stock from other members in order that he might person- 
ally sell it at a price greater than its true market value, and thereby place 
the control of the same in the hands of strangers, and why? 

29. Would any stockholder, after acquiring a majority of the stock, be 
justified in selling said majority to strangers without securing the right of 
sale to other stockholders of the company, and why? 

30. A, who controlled fil'ty-one per cent of the stock of a corporation, 
elected himself president of the company and voted himself a salary which 
will be approved by a court as not excessive but may be more than the 
work is worth. Is he warranted in using his legal rights to secure an ex- 
cessive salary? 



CHAPTER V 

THE USE OF ENGLISH 

§ I. The Necessity. — The successful engineer must be something 
more than a skilled mechanic, an artisan or a designer. He must not 
only be able to make surveys and prepare plans and designs but he 
must also make reports to his clients or superiors, prepare instructions 
for his assistants and subordinates, write specifications, prepare agree- 
ments, both as a basis for receiving bids and for making contracts ; he 
must originate, lay out and supervise or carry out contract works, and 
supervise the maintenance and operation of engineering plants. In 
each case the engineer must be able to explain his plans and proposals 
so that his reasons and methods will be understood and appreciated. 

The ability to prepare clear, logical, forceful and correct English 
is an asset of great value to the engineer, and frequently means ad- 
vancement beyond others of equal technical ability but without the 
ability of correct and proper expression. 

Obscure, incorrect and faulty language, used in engineering re- 
ports, instructions, contracts and specifications, frequently involves dis- 
putes and litigations, with the consequent loss of thousands of dollars, 
and in some cases misunderstandings which may cause the loss of lives 
and reputations. Any element in engineering education, the misuse of 
which may produce such dire results or the correct use of which may 
bring such great results, is worthy of the most careful consideration 
and attention. 

The command and intelligent use of language is often the best 
method of conveying to others an appreciation of the knowledge 
of the engineer and his ability to meet and solve engineering problems. 
For success the engineer must not only be technically able to solve the 
engineering problms which come to him for solution, but others must 
know and appreciate his ability. It is true that the best test of ability 
is the actual performance of the work in question, but a knowledge of 
the ability so demonstrated is confined to the clients, employers, 
friends, colleagues or employees of the engineer, and a wider knowl- 
edge of that ability can be secured only by the spoken or written word. 



54 Notes on Contracts and Specifications 

Articles in the technical press or papers before engineering so- 
cieties, describing new designs and new work along new and novel 
lines, when well prepared and presented, extend the acquaintance and 
reputation of their writer. A well prepared article or paper, on a sub- 
ject on which he is particularly well informed, systematizes the engi- 
neer's knowledge, gives opportunity for his careful review and per- 
sonal criticism of his own work, de.velops his ability, and aids himself 
more than it does any other individual. When such articles or papers 
are of real value, they also aid in the advancement of professional 
knowledge which is a duty every man owes to his profession. When 
such articles are prepared purely from a selfish motive, for the purpose 
of advertising and personal advancement, they are usually valueless to 
the profession and detrimental of the author, but where prepared with 
the purpose of conveying valuable information and advancing the pro- 
fession, if well prepared and even though the subject be a simple one, 
they become a valuable asset to the profession and a legitimate aid to 
individual advancement. 

§ 2. Engineering English. — Engineering English differs and 
should differ from the English of literature. Fine writing and pic- 
turesque language have little place in the writings of the engineer. 
The language should always be clear, definite and exact ; it should often 
be brief, technical and to the point. It must vary in its character from 
the English of literature to the English of the law, according to the 
persons and purposes for whom or which it may be prepared. In gen- 
eral, engineering English must be written with the particular parties in 
mind for whom the same is intended, and their education, training, 
technical knowledge and point of view must be fully considered. 

Engineering writings may be subdivided into several classes, each 
more or less distinct, but such writings may frequently fall between 
or within more than one of these classes, and sometimes partakes of 
the character of each. 

In general, letters, reports and papers may be written for : 
First: Non-technical readers. 

Second: Technical readers more or less acquainted with engineer- 
ing matter but not particularly versed in the special subject treated. 

Third: Supervisors and assistants, those specially acquainted with 
the subject matter treated. 

Fourth: Contracts and specifications. 



The Use of English 55 

§ 3. The Hearer or Reader. — The knowledge and capacity of 
those to whom written or spoken language is addressed is an important 
element to be considered in the preparation of articles, reports or ad- 
dresses. The statement that "doubling the head of water acting on a 
given turbine will increase its power more than 2.8 times, because such 
power will vary with the three-halves power of the head acting," is a 
perfectly clear statement to the hydraulic engineer but may mean little 
to a business man, and must be stated in greater detail and with con- 
siderable explanation if it becomes necessary or desirable to have the 
business man understand and appreciate the fact. In such writings 
technical matters should be explained in clear and simple language, so 
that the persons for whom it is written will understand the matter in- 
volved, the reasons for the plans proposed and the results to be accom- 
plished. There are few technical matters which cannot be made so 
clear in a properly written paper or report that any good business man 
can understand them, and failure to prepare such papers so that they 
can be so understood is usually due to a lack of understanding of the 
matter by the engineer himself. Any engineer has only to attempt to 
read some advanced work on a subject wuth which he is unfamiliar to 
recognize the fact, that while such a work may be perfectly plain to the 
expert, it is quite meaningless to the novice who must first read ele- 
mentary works on the subject and acquire the fundamental ideas and 
the necessary vocabulary before he can comprehend the advanced work. 

Papers on technical subjects must therefore be written with the 
capacity of the reader in view. For the business man, the conclusions 
are most important, but they should be supported by such a clear dis- 
cussion of the facts and such a presentation of logical arguments as 
will appeal to his judgment and common sense. The principles by 
which the conclusions are reached, and the detailed data to which they 
apply, are less important but should usually be presented as a basis for 
the conclusion. 

When the paper is prepared for technical readers who have had 
a certain technical training, and are known to understand certain scien- 
tific principles, the matter may be presented in a different form and 
the special matters described must be so treated as to make them plain 
to others than the specialist. In such cases the discussion of the data 
and the principles on which the conlusions rest, become the important 
matter to be considered, and the explanations are needed only of those 



56 Notes on Contracts and Specifications 

technical details that are special to the subject and are not commonly 
understood by the general professional man. 

When those addressed are specialists in the matter discussed, the 
data obtained and the methods of its derivation and investigation be- 
come, of primary importance. Technical terms properly applied will 
add to the clearness of the exposition, and conclusions when drawn 
must be the obvious deduction from the data and the facts. 

In the writing of contracts and specifications, which in the execu- 
tion of the work must usually be interpreted by men of varying capa- 
bilities and which may be and frequently are, subject to the interpre- 
tation of the court, the words should be as carefully chosen to express 
the exact meaning as are the mathematical symbols in an equation. 
There should be but one interpretation and that the one intended, and 
the exact meaning of both the common and technical words or terms 
used and their local or special significance should be thoroughly un- 
derstood and appreciated. The use of the technical vernacular of the 
subject treated is desirable when it adds clearness to the meaning. 
Ordinary words and terms must be used with great care, and fre- 
quently must be modified and defined so as to assure an exact interpre- 
tation of their meaning. 

§ 4. Knowledge of Subject. — The absolute prerequisite for 
clear and accurate technical writing is a clear and accurate knowl- 
edge of the subject which is to be discussed or described. While 
this is self-evident, it is nevertheless an important reason for much 
and perhaps most of the obscurity in reports, technical papers and 
specifications. If a specification must be prepared or a technical 
detail described which is understood imperfectly by the writer, 
how then can it be made clear to others? It is impossible to convey 
a true idea which is not possessed by the writer, and the idea con- 
veyed can never be clearer than the writer's understanding of the 
matter described. 

It is evident that the engineer who wrote the specifications for 
the measurement of earth in embankments discussed in Section 9, 
did not fully and clearly understand or appreciate the element of 
shrinkage as affecting the measurement of earth fills and entirely 
failed to conceive the conditions under which such measurements 
might have been made. If these subjects had been understood, the 
necessity of an appeal to the court would have been avoided. 



The Use of English 57 

Accurate and complete knowledge requires study, application, 
effort and reflection. These, technical writers frequently fail to 
exercise, either from indolence, carelessness or lack of time, any 
one of which is a reason for obscure language, but no one of which 
can be considered as a valid excuse for such language. 

A knowledge of spelling, punctuation, grammar, rhetoric and 
composition, and even a broad experience in the writing of tech- 
nical English will not supply lack of knowledge of the subject mat- 
ter. While these subjects are necessary elements of good English, 
and are indispensable for clear and exact English, and while the 
principles of rhetoric and composition are desirable and even essen- 
tial for the best productions, they are all secondary to the idea or 
ideas which it is desired to convey. Failure to possess or to exer- 
cise a knowledge of these subjects shows lack of cultivation and 
is undesirable, and in important cases highly objectionable. The 
exercise of such knowledge is desirable as a means to an end, 
but they cannot, without collateral knowledge of the subject matter, 
attain that end. 

There are few men thoroughly versed in their subject and fully 
acquainted with all its details, who cannot present such subject, 
orally at least, in a clear and usually interesting manner. Even 
though their grammar be defective, their sentences imperfect, and 
their entire presentation poorly arranged, yet their knowledge is 
apparent and their eft'orts are appreciated. The combination of 
both knowledge and literary ability is necessary for the presenta- 
tion of technical matter in clear, concise and correct language, 
and logical form naturally increases the ease with which the hearer 
can follow the argument and comprehend the ideas. But no liter- 
ary ability, no flights of rhetoric, no elegance of diction or practice 
in delivery or presentation, can replace or supply the lack of 
knowledge of the subject or convince the intelligent hearer that 
there is more than empty sound in such an address. 

In written papers, adequate presentation, without some knowl- 
edge of the principles of literary composition, becomes more diffi- 
cult ; but the principle remains that knowledge is the prime essential 
and the one element without which even partial success is impos- 
sible. 

Whatever the subject may be and whatever the object of the 
paper which is to be prepared, it can be successful only wdien based 



58 Notes on Contracts and Specifications 

on a sound, clear, exact and detailed knowledge of the subject con- 
sidered. AVith such a knowledge, the preparation of sentences, 
paragraphs and entire papers of a form and substance which can 
be clearh^ understood, become largely a matter of care and prac- 
tice. AA'ith something to say or to explain, which is clearly under- 
stood by the writer, and with the capacity of the reader kept fully 
in mind, any technically educated man can with care and diligence 
soon acquire the ability to write English. 

Primarily therefore, for technical writing of every description, 
the essential feature is to have the subject well and thoroughly un- 
derstood, to have something to say, and then to say it in the sim- 
plest, plainest, clearest language of which the writer is capable, 
keeping clearly in mind the capacity of the reader for whom the 
matter is intended. 

Knowledge of the subject is fundamental to success, and indis- 
pensable for clear technical exposition ; and secondary, but yet very, 
important, conies a knowledge of spelling, punctuation, grammar, 
rhetoric, composition, and the meaning of words both common and 
technical. 

§ 5. Logical Arrangement. — While a clear statement of facts 
or requirements is essential to convey the ideas and meaning de- 
sired, when the matter discussed requires considerable space for 
its full consideration, the logical arrangement of the material be- 
comes hardly less important. 

All technical wTitino-s are intended to convev to the reader 
a knowledge of what the writer knows or desires, in such a manner 
that he shall clearly understand the subject discussed or the re- 
quirements described, as completely as necessary or desirable for 
the purpose in view. The subject should be considered with this 
end in view. It should be outlined in general and then discussed 
in detail, and the discussion should proceed logically from the 
fundamental and essential features to those that are subordinate 
and less important. 

The subject should first be analyzed and its fundamental and 
essential features separated and arranged in logical sequence. Each 
feature should be further considered, and the subordinate but es- 
sential qualifying factors arranged in a similar manner. When 
the entire subject has been treated in this manner, and an outline 



The Use of English 59 

has been prepared, the preparation of the written matter can then 
proceed. 

The subject should first be discussed in a general way so as 
to give at once a concrete conception of the matter to be treated. 
Following this each feature can be taken up in the order determined 
and discussed as fully as its importance demands. The main ideas 
underlying the treatment should be : first, the arrangement of the 
entire subject in logical order both as regards main features and 
subordinate factors ; and second, the discussion of each feature and 
each subordinate factor in a connected manner but at the same 
time so distinctl}^ and separatel}'^ as to accurately define to the mind 
of the reader its rcl-itive importance and its modifying effect on 
the entire subject. 

One main idea and one only should be developed in a para- 
graph, and the subject may and should be divided into such sec- 
tions and subsections and such chapters or other subdivisions as 
may be necessary to accomplish the clear and logical presentation 
of the subject. As the subject is distinct from other subjects, so 
the main divisions should be separate and distinct from each other, 
and each should be devoted to the complete consideration of that 
particular feature to which it is assigned. In the same manner, 
each subdivision should be devoted exclusively to that factor of 
the principal features of the main subject which is discussed there- 
in, and each subordinate idea or qualifying influence should be as- 
signed a section or a paragraph, as its importance warrants. 

With due study, reflection and practice, the development of 
a subject along the lines indicated is readily accomplished and if 
carried out w^ith reasonable intelligence, will result in a clear expo- 
sition of the entire subject in a manner which can be readily under- 
stood. 

§ 6. The OutUne. — The general idea of the construction of 
the outline wdiich should precede the writing of any extended tech- 
nical paper, can be readily acquired by the examination of the 
table of contents of any well written technical book or by the 
study of any well prepared specifications. Chapter II of this book 
gives a brief analysis of the whole subject of law, and Chapter III 
a more complete analysis of the subject of contracts. The latter 
subject is but a minor subdivision of the former, but it would re- 
quire several volumes for its complete consideration. 



60 Notes on Contracts and Specifications 

In the preparation of an outline it must be understood that the 
purpose for which the paper is prepared may not require complete 
or even a well balanced treatment of the subject. The purpose of 
the paper may be to develop and emphasize some particular phases 
of the subject that are most important for the ends in view. These 
must receive more elaborate treatment and matter of minor im- 
portance must be subordinated to the general purpose, and more 
briefly treated or altogether ignored, as their importance, relative 
to the main object, warrants. 

What ideas are to be developed, what facts are to be presented, 
and what order of presentation will be the best and most logical 
and will most easily convey the meaning which it is desired to 
impress on the reader, are matters which depend on the purpose for 
which the paper is prepared and the readers to whom it will be 
presented. In general, the purpose and the reader must be kept 
continuously in mind, and all diversions which will tend to obscure 
the main object of the paper or distract the attention of the reader 
from that object, must be avoided. 

The outline should be regarded only as a means to an end, and 
should be changed or modified as the necessity for alteration may 
develop during the preparation of the paper. Facts and illustra- 
tions, which it may at first seem desirable to utilize, may be found, 
during the preparation of the paper, not to yield to satisfactory 
treatment, and others may be substituted to advantage. In the first 
attempts at the preparation of such papers it may reasonably be 
expected that the development of the subject will frequently make 
desirable an entire reconstruction and rearrangement of the outline. 
The best results and ultimate facility in the preparation of technical 
papers can be secured only by willingness on the part of the writer 
to entirely rearrange and rewrite his paper as often as he can recog- 
nize the opportunity for material betterments. 

The actual preparation of an outline may be preceded to ad- 
vantage by the analysis of existing papers on subjects similar to 
that under consideration. The papers for such study should be 
selected from the best available sources. From the analysis so 
made, an outline should be prepared which will exhibit at a glance 
the plan of construction of the paper selected for study. Such an 
analytical outline will give the student a clear idea of the basis 
presumably used by the best writers in the preparation of their 



The Use of English 61 

papers and will serve as a guide to the preparation of an outline 
for the subject at hand. Valuable suggestions and examples along 
this line may be found in the following chapters on specifications 
and in various books on English composition to which references 
are given at the end of this chapter. 

§ 7. Style. — Technical men commonly possess an unwholesome 
disrespect for literary ability. It is often assumed by them that 
they are men of action and not of words, and that therefore the 
devotion of their attention to the correct principles and methods 
of literary expression is superfluous and non-essential, and rather 
to be neglected than cultivated. The education of technical men 
is largely scientific and precision and efficiency are among the most 
important principles of their training. Let the technical man be 
scientific in his use of language as well as in the development of 
his plans. Let him apply these principles in his writing as well as 
in his work. Let the sequence of his thoughts be logical and his 
expressions precise in order that he may secure the greatest effi- 
ciency in conveying by the language used clear comprehension of 
the ideas, facts, opinions or requirements that he desires to impress 
on his readers. In this way and in this way only can he produce 
good technical letters, reports, papers and specifications. 

The fundamental principle of expression either written or 
spoken is to secure efficiency in the comprehension of ideas by the 
person addressed with the least possible mental eiTort. The engi- 
neer recognizes that in using machinery simplicity in design and the 
proper arrangements of parts are necessary for efficiency in power 
transmission. Complication in parts, unnecessary transformation 
and inconvenient arrangement results in needless loss in energy, and 
all. losses in the machinery reduce the amount of energy which 
can be delivered for useful work, and such losses must therefore 
be reduced as far as possible. 

The same principles apply in the use of language. The mental 
power of the reader is to be utilized for the transmission of ideas 
by the mechanism of words. The amount of mental energy avail- 
able for the purpose is limited. With this energy the reader must 
recognize and interpret the words used, arrange and combine the 
images suggested, and finally must realize the thoughts conveyed. 
If the language is confused, verbose, or involved, the more mental 
energy is used up in recognizing the words and interpreting them, 



62 Notes on Contracts and Specifications 

and the less is available for the understanding of the thought which 
it is desired to convey. ^ All losses in the mental energy of the 
reader must therefore be reduced to a minimum to secure the best 
results. 

Simplicity in language, when practicable, results in the highest 
efficiency in comprehension. A gesture or an exclamation fre- 
quently conveys a more accurate idea of the thought or feelings than 
a sentence or paragraph, and the spoken word is more efficient than 
the written. 

The spoken word is received direct, with the advantage of per- 
sonal expression, and often with a community of knowdedge be- 
tween the speaker and the persons addressed. The literary form 
of oral expression, wdiile important in all cases and of great im- 
portance in the formal presentation of technical matters, is of less 
importance than when the same matter is presented in written or 
printed form. In the latter cases the personal element is lacking, 
and the meaning must be drawn solely from the language used, 
and everything that can be done to make the subject matter clear, 
accurate and attractive is essential to the best results. The careful 
choice of words, the accurate use of technical terms, correct gram- 
matical construction, logical arrangement of ideas, clear methods 
of expression, the presentation of the matter in an attractive man- 
ner, are all desirable to secure and hold the attention of the reader 
and to clearly convey the meaning. Poor spelling, improper punctu- 
ation, ungrammatical construction and involved language draw 
the attention to subordinate matters and lead the reader to surmise 
that the conclusions presented may be as erroneous as the form 
in which they appear. 

The subject matter should not be sacrificed to the style, but 
the style should be utilized to develop and illuminate the subject 
matter. Technical matters may often be dry and, to other than 
technical men, uninteresting and obscure. The careful choice of 
words simplifies the subject, clarifies the idea and crystallizes the 
thought in the mind of the reader. The careful selection of ex- 
pressions and the adaptation of a suitable literary style attract 
and retain the attention, simplify the subject matter, and often in- 
terest the reader in subjects of which he would otherw^ise weary. 



1 Spencer, "The Philosophy of Style." 



The Use of English 63 

There are few needs for elaborate rhetorical efifort in technical 
writing; such efiforts, even if they do not appear absurd, attract 
attention to the manner of expression rather than to the matter 
expressed, and are hence objectionable. The language should be 
"brief and exact and the words should be simple but carefully 
chosen. The point of view and the extent of knowledge of the 
reader must determine the degree of simplicity with wdiich the sub- 
ject must be treated. Unessential and meaningless generalities 
should be eliminated for they tend toward obscurity and the diver- 
sion of the reader's attention from the main subject on which his 
thoughts should be concentrated. 

§ 8. The Choice of Words. — Accuracy of expression demands 
a careful choice of words. Words are never exactly synonymous 
in their meaning. Even when words are derived from foreign 
words of exactly synonymous meaning, they are adapted in the 
English to express ideas more or less different. In the growth and 
development of language words often acquire other special mean- 
ings perhaps quite foreign to that conveyed by the original signifi- 
■cation. These changes grow from the original meanings based on 
physical likeness, association, similarity of relation, use of a part for 
the whole, adaptation of the mental for the physical, and idiomatic 
metaphors. 

Take for example the changes and extension in meaning of 
the common word head: ^ 

1. The original physical meaning: Head. 

2. From physical likeness : The head of an ox ; the head of a 
river; or the consummation of a development to come to a Jiead. 

3. From association : The head of a bed. 

4. Similarity of relation : The head of a business. 

5. The part for the whole : A hundred head of horses. 

6. Mental for physical : A clear head. 

7. Metaphorical : Over head in debt. To make head against 
•obstacles. 

Words, from some special and peculiar association, sometimes 
also acquire a meaning distinctly foreign to their ordinary si'g- 
nification. For example, the term expert means one who is es- 
pecially well versed in any matter requiring a special training to 

2 See Anderson's "Study of English Words." 



64 Notes on Contracts and Specifications 

qualify a person to intelligently understand or act in such matter. 
On account of the abuse of the term, and the wrongful acts of some 
parties claiming this title, the term is occasionally used as a term 
of scorn or reproach. 

Most common words have numerous meanings which are 
often difficult to differentiate even when properly used. Frequently 
such meanings are unauthorized by good usage, and such use 
should be discouraged and discountenanced as it obscures the lan- 
guage and makes necessary an accurate definition of the special 
meaning in which it is to be understood in important papers. 

Take for example the following thirteen uses of the word 
rock and the difficulties attendant on its specific use in the limited 
sense as further discussed in Chapter XIV. It may have meanings 
in accordance with its various uses as follows : 

Geologically: Any mass of mineral matter, in its natural bed of 
which the earth's crust is composed, whether solid or fragmentary. 

Popular: i. A stone of any size, even a pebble. 

2. A mass of indurated stone, forming a promontory or cliflV 

3. Natural crystals or candy in crystalline form. 
Figurative: i. A foundation, support or refuge. 
2. A source of peril. 

Technical: i. Indurated formation of different degrees of hard- 
ness. ^ 

2. A kind of soap. 

3. A kind of hard cheese. 

4. Ore (used among the Michigan copper mines).* 
Slang: i. Money or wealth. 

2. Rough, uncouth (feelings or appearance). 

Association: Rock fish — rock dove. 

The above examples will indicate something of the difficulties 
which will be encountered in conveying ideas without a careful 
study and discrimination in the use of words. No attempt to con- 
sider this subject in particular is possible in the limits of this 
chapter, but a warning of the difficulties to be encountered in the 
selection and use of words, terms and clauses should be sufficient 
to encourage the study in the lines suggested by means of the 
references given at the end of this chapter. 



3 See also Chapter 14, sees. 9, 10. 

4 A misleading and unwarranted use of the word. 



The Use of English 65 

As words are used to convey ideas, those words should be 
chosen which both accurately express the idea to be conveyed and 
are most familiar to those to whom the words are addressed. Most 
of the English words in constant daily use, and most intimately 
connected with the personal and familiar affairs of life, are of Saxon 
origin. They are understood more quickly and move the hearer 
more forcibly than similar words of Latin origin. Latin words, 
however, are more elaborate, more scholarly, and more exact. 
Words of Latin origin must be used by the technologist, and in 
the scientific discussion of technical subjects, on account of their 
greater exactness, and the suggestions associated with such scien- 
tific terms. The selection of words of Saxon or Latin origin for use 
in technical papers would therefore depend on the subject discussed, 
the object of the writer, and the technical education of the reader. 
In reports and papers intended to explain technical matters to the 
public, or to non-technical clients, Latin terms should be avoided 
and simple Saxon words used so far as possible. When technical 
matters are presented to technical readers, the use of Latin terms 
is not only admissible but absolutely essential to clear exposition. 

Simplicity in understanding is not always assured by simplicity 
in language. The more exact terms are always preferable if the 
reader can easily comprehend their meaning. 

§ 9. The Precise Use of Words. — The habit of the careless use 
of words is unfortunately acquired by almost every person with their 
early use of language. In ordinary intercourse, the subject discussed 
is often so familiar and the conditions so well known to both parties to 
the conversation that the meaning of the language used is often quite 
obvious, even if the words used do not express the exact meaning which 
the speaker intends to convey. When, however, the subject is unfamil- 
iar, and the ideas to. be conveyed are intricate or involved, the words 
must be used with precision or the meaning to be conveyed is obscured, 
incorrect or entirely lost. Outside of the legal profession, there is no 
profession in which careful discrimination in the use of words is so im- 
portant as in the profession of engineering and the closely related pro- 
fession of architecture. The records of the courts are full of cases 
involving the interpretation of the meaning of words. In 1855 a case 
was taken into court on account of a contract in which the words 
"road" and ''track" were indiscriminately used. A railroad was to be 
built between certain termini, according to certain specifications, and 



66 Notes on Contracts and Specifications 

at an agreed price per mile. The question at issue involved the deter- 
mination of whether the price was per mile of track, including main 
track, side tracks, etc., or per mile of roadbed. The latter interpreta- 
tion was applied, apparently for the reason that the contractor had ac- 
cepted monthly payments on that basis without any claim for side 
tractks and turnouts.' 

Another legal discussion, which illustrates the necessity' for pre- 
cise language in order that only a single interpretation may be possible, 
was handed down in a case that came up in the construction of 'the 
Northern Pacific Railroad.*^ The dispute arose over the amount of 
earth excavated from certain ditches and used in an embankment. 
The specifications apparently read approximately as follows : ' 

"Earth will be measured in excavation; but when earth is taken from 
borrow pits or ditches not easily measured, the earth may be measured in 
embankment, in which case an allowance of 10 per cent for shrinkage will 
be made." 

While at first reading this specification appears plain and without 

ambiguity, it is in reality capable of two interpretations, dependent 

upon whether the lo per cent allowance for shrinkage is applied to the 

cut or fill. In the case in question, an embankment of 100,000 cubic 

yards of earth was made from two cuts that measured 60,000 cubic 

yards, and the remainder from ditches that were not measured. As 

earth work is commonly estimated to shrink 10 per cent, one cubic yard 

of cut would shrink to .9 cubic yard of fill. On this basis 100,000 

cubic yards of fill must have required 111,000 cubic yards of cut. and 

the amount due the contractor would be : 

100,000 -^ 9 111,111 cu. yds. 

From cuts 60,000 cu. yds. 

From ditches 51,000 cu. yds. 

The contractor, however, estimated the amount due him on the 
basis that the shrinkage allowance applied to the fill, his computation 
being as follows : 

110 per cent x 100,000 110,000 cu. yds. 

From cuts 60,000 cu. yds. 

From ditches 50,000 cu. yds. 



5 See Wait, Engineering and Architectural Jurisprudence, sec. 601. 

6 See Wait, Engineering and Architectural Jurisprudence, sec. 601. 

7 Eng. News Sup., Vol. 51, p. 129. 



The Use of English 67 

The engineer and the company, on the other hand, while differ- 
ing between themselves, entirely misinterpreted the basis on which the 
shrinkage should be measured, and computed the yardage as follows : 

The engineer's computation: 

Total yardage 100,000 cu. yds. 

From cuts 60,000 cu. yds, 

90%) 40,000 

From ditches 44,444 cu. yds. 

The company's computation: 

Total yardage 100,000 cu. yds. 

From cuts 60,000 cu. yds. 

40,000 
110% 

From ditches 44,000 cu. yds. 

The lower court sustained the estimate of the company, which, re- 
gardless of the interpretation of the shrinkage percentage, was the 
furthest from the truth. 

The illustration shows not only the necessity of the careful use of 
words, but illustrates the further fact that engineers are liable to errors 
in their findings, and sometimes fail to understand the basic principle 
that underlies their problem, and that courts must be furnished with 
carefully prepared expert testimony if they are to reach substantial 
justice in their findings. If this specification had been so written that 
there was only one possible way of interpretation, there would have 
been no legal proceedings, for only one method of computation would 
have been possible. See chapter XV, sec. 14. 

§ 10. The Vocabulary. — It is important that the engineer 
should acquire a technical vocabulary and a knov^ledge of the ver- 
nacular of the business in which he is employed or with which 
he may be associated. Otherwise he vvill not be able to under- 
stand, give instructions, or furnish explanation of technical or trade 
details. Such information is also necessary in the preparation of 
specifications and technical reports and papers for technical read- 
ers. Scientific and technical terms and the familiar and special 
trade terms and trade vernacular simplify explanations covering 
materials, operation and details of construction, and are absolutely 
necessary for reasonable facility in business transactions. Mr. John 



68 Notes on Contracts and Specifications 

C. Wait, a prominent engineering attorney of New York City, in 
a paper on the subject of engineering vernacular, gives the foillovv- 
ing notes taken by one of his assistants, concerning certain con- 
ditions on which the contractor on the work desired advice. 
In the first case, a bridge contractor stated that: 
"A traveler was on the lower cord of the approach span of the Williams- 
burgh Bridge and was sustained by four guys. Each guy was held fast by 
two dogs, after passing through an opening in the t^il piece. Tony, an 
Italian, had just been sent out and had given two of the dogs a fresh bite 
on the longest guy, when they let loose, one of the guys slipped, and the 
traveler tipped over and threw the counter-weights into the air and they 
went down on the street below and killed a man." 

The contractor wanted to know if he was liable. 

In the second case, a mason contractor stated : 
"He had been employed to remodel a masonry dam and a Flemish bond 
was first required of him, but the engineer wanted a better bond and insisted 
on having greater security. The engineer insisted that the stretchers should 
be bonded by an overlap of the bed by not less than fifteen inches, and that 
every alternate course of the dam. should be tied with a header. He also 
required the length of each stretcher to be three times the rise, and the 
depth of the header in the backing equal to three times the rise; that the 
rock face of the remodeled dam should be draft-lined, the molded face should 
be 6-cut, the base pean hammered and the water-table the run of the quarry; 
the arch rings were to be bush-hammered, close-jointed and grouted, all to 
be battered and broken ashlar; that the overflow should be in 12-inch risers 
and treads, and the steps rough-cut, all interior spaces to be thoroughly 
grouted with neat cement." 

The contractor desired to know if he had any redress. 

It is doubtful whether many young engineering graduates would 
understand the conditions outlined much better than did the young 
lawyer in Mr. Wait's office, yet the conditions are quite clearly 
defined if the terms used are understood. 

The best method of acquiring a technical vocabulary is the 
direct study of the words and terms used in any special vocation 
or business when such information is accessible. The reading of 
the various technical papers and the proceedings of the various 
societies which cover or include the special subject in which infor- 
mation is desired will often furnish valuable additions to the vo- 
cabulary. The use of standard dictionaries is of little value in this 
study as the definitions given are too general. Some valuable work 
is being done by various technical societies in the definition of tech- 



The Use of English 69 

nical terms and the establishment of uniform practice and this 
work should be closely followed. 

§ II. Letters. — Usually the first introduction of the engineer 
or architect to those from whom he desires employment comes 
through the spoken or written word, and a clear and concise state- 
ment of his claims to employment, of his education and previous 
experience presented in proper form is an important element in 
securing the position he desires. A letter poorly written, poorly 
worded, misspelled, ungrammatical, improperly punctuated and 
illogically arranged, marks the writer as careless and more or less 
ignorant and is an unfortunate introduction. 

Personality in a personal application may to some extent over- 
come ungrammatical and incorrect language, and at least the 
spoken word leaves no lasting record behind ; but a poorly written 
letter may pass from hand to hand and may leave an enduring 
record of incompetency. 

Suggestions for the First Written Application for Employment. 
— Great care should be used in writing letters of application for 
employment. The handwriting shows character and is often re- 
quired in applications for positions. For this reason such letters 
should be written, not typewritten, unless unfortunately the hand- 
writing is so poor as to make such a form of application hopeless. 
The paper used should be of commercial note size, and of good 
quality. Scrap paper or paper punched or specially ruled for tech- 
nical work, is unsuitable. The writing should not be crowded and 
should be properly centered on the sheet. Neatness, proper form, 
good grammar, and correct spelling are as important for good let- 
ters as for other technical writing. 

The young engineer, especially when just graduated, should 
not be too ambitious in his application for work and should not 
limit too closely the character of work for which he applies. Un- 
less he has had considerable experience, he should not apply for a 
position as a "civil engineer," "electrical engineer," etc., but for a 
"position" or a "position as assistant." He may give an idea of 
the work which most interests him, but should express his willing- 
ness to accept any reasonable position as he is seldom qualified or 
in position to command any important place on an engineering 
stafif. 

When the yovmg engineer has done previous work, his former 
salary may be mentioned, but otherwise the matter of salary should 



70 Notes on Contracts and Specifications 

be left to a later communication. He should not give the idea that 
the question of salary is first in his mind. 

Avoid Verbosity. — Economy and efficiency in the use of lan- 
guage are essential in letter writing as in other engineering writing. 
After writing a sentence : 

(i) See how many words can be omitted or changed, leaving 
the meaning clearer and stronger. 

(2) See how the same idea can be expressed in better and 
clearer terms. 

Do not write : 

"I wish herewith to enter my application for'' 

''I hereby wish to make application for" 

"Allow me, respectfully, to ofifer myself as an applicant for'' 

"I would like to enter an application for" 

"I wish to take this means of applying to you for" 

Instead of the above write : 

"I respectfully apply for" 

Statements should not be too blunt. It is unnecessary to 
write : "I have not had any practical experience." Write prefer- 
ably : ''My knowledge and experience are limited to my work at the 
university." 

References. — Avoid, 'Tor references I suggest the following" or 
"Please refer to the following :" Use instead ''I respectfully refer you 

to ." Reference to a school college or university is improper. 

Refer to some particular teacher, professor or official of such institution. 
Reference to a bank is proper for financial standing. For personal 
standing, the name and position of an official should be given. 

In personal applications for work, open letters of recommendation 
are of little weight. They are, of course, favorable or they would not 
have been written or presented. The employer prefers a personal 
and private letter addressed to himself from some one of standing or 
reputation. He has probably written too many general open letters of 
recommendation himself to have much confidence in them. Most po- 
sitions are secured by personal applications, and too much must not be 
expected from general letters of application. They frequently result 
in uncovering vacancies for which personal application should usually 
be made. 

Finally. — The letter should be reread after it has been written to 
see that no essential word or words have been omitted or misspelled 



The Use of English 71 

and to see that it is signed. Omitted words and especially an omitted 
signature, show carelessness that is not a good recommendation for a 
position. 

Further details of the general subject of letter writing are given in 
the following discussion. 

BUSINESS LETTERS 

Heading. — The address in the heading should always be suffi- 
ciently complete for postal purposes. If a street and house number 
are necessary, they should precede the name of the city, but the date 
should come afterward and not before. It is desirable to use the name, 
not the number of the month ; the number of the day of the months and 
the complete number for the year should be used. The day of the 
month and house number should be Arabic numerals, but street num- 
bers if less than one hundred are usually spelled out. 

Abbreviations. — While for formal letters it is perhaps more digni- 
fied to avoid abbreviations in both the heading and salutation of the 
letter and in addressing the envelope, it is both permissible and desir- 
able to use such abbreviations in business letters for the name of the 
months and of the states. 

Address. — The salutation address may omit the street and house 
number, but the name of the city and state should always be included 
in formal letters and the title "3,Ir.,'' "]\Iessrs./' etc., should always be 
used as a' matter of courtesy. 

Salutation. — Use the form "Dear Sir," not "My Dear Mr. ,'" 

unless you are quite intimately acquainted with the party to whom the 
letter is written. In official communications and letters to Govern- 
ment officials, use the still more formal "Sir." 

Subject Heading. — The use of a subject heading in all business let- 
ters is very desirable. Its use in applications for employment is ad- 
vised as it gives the idea of familiarity wath business methods. It 
should be placed at the right and just above the body of the letter, as 
follow'S : ''Application for Employment." For examples of the proper 
form of business letters see Chapter XI, Section 3. 

§ 12. Reports. — Few technical men have ever reached more 
than subordinate positions without the ability to prepare a fair techni- 
cal report. This is the most common form of technical writing and, 
excepting the specifications, the form most important to the engineer. 
There is no writing on which his success so largely depends as on the 
preparation of neat, clear, logical, concise and complete reports. 



72 Notes on Contracts and Specifications 

The advancement of that engineer is assured who can clearly 
comprehend the conditions of a problem and the factors which modify 
and control its solution, and who can transfer his ideas and conception 
of those factors and conditions and possibly the conclusions to be 
drawn from the same, to his superior or to his client in a clear and ex- 
plicit manner so that every fact and condition becomes plain, every 
controlling circumstance becomes apparent, and every conclusion be- 
comes obvious. The engineer should give special attention and spe- 
cial study to the principles and preparation of reports on account of 
the undoubted influence of this work on his future. 

Reports may cover any part of the technical field and any general 
treatment of the subject is impossible except to impress the fact that 
most of the requirements for technical writing discussed in the pre- 
vious section of this chapter need to be especially emphasized when ap- 
plied to the preparation of written reports. Various reports will re- 
quire very different methods of treatment. They are usually designed 
to be specific and confined between very definite lines, although the 
field covered may in some cases be very broad. Like all other techni- 
cal writing, to be of value they must be based on a thorough knowledge 
of the subject, and such knowledge must be especially detailed and 
complete on account of the specific character of the report. 

Most reports depend for their value on accuracy of observation 
and correct deductions. They often require great technical knowledge 
and skill and frequently a wide practical experience. They are usually 
certain very definite facts or conclusions which are the essential fea- 
ture around which all other facts and deductions are centered and to 
which they are subordinate. Special efifort should therefore be exer- 
cised to bring out and accentuate these important ideas and to facili- 
tate the appreciation of their bearing and importance. Clear, explicit 
and exact statements are of special importance. Proper arrangement 
will not only save much time to the reader but will emphasize the im- 
portance of the main ideas and the relation of the subordinate factors. 

In the preparation of reports on technical projects, the engineer 
needs more than technical training. In such projects, questions of law, 
business, transportation, market conditions, manufacturing, agricul- 
ture, politics, economics, finance and many other factors may be of 
equal or even greater importance than the technical factors involved. 

Every engineer who is called upon to report the feasibility of a 
project must duly consider not only the technical problems involved 



The Use of English 73 

but also all other aspects, for the practical and economical success de- 
pends on its feasibility from every point of view. The project is not 
a success simply because it is well and economically designed and 
properly constructed, but it must also be successful from every other 
point of view. 

Numerous projects in water power, irrigation, drainage, manu- 
facturing, etc., have resulted in failures because some necessary phase 
has been overlooked and remained unconsidered. * 

The engineering report is usually the pioneer report on the sub- 
ject; later the legal and other aspects must be examined and passed 
upon by specialists in this line, but in its preliminary stages, the en- 
gineer must frequently look into each phase, and if his report is to 
bear expert scrutiny it must be based on a broad understanding of 
many things. 

So far as practicable, the report should include all of the data on 
which discussions are based. This data and its bearings on the project 
discussed and the reasons for the opininon expressed should be clearly 
set forth. In a well drawn report the engineer can usually so illustrate 
and describe the conditions by which a project is modified and con- 
trolled, that any good business man will understand the basis on which 
the opinion rests, and the degree of probability of any departure from 
the expected results. While a similar comprehension by nontechnical 
readers is not to be expected in regard to the technical d'etails, an un- 
derstanding of the general considerations on which the feasibility of 
the project depends can be secured. If a report can not be so drawn 
it is usually due either to insufficient data or to the fact that the en- 
gineer, himself, does not fully understand and appreciate the logic of 
the situation. 

Reports will frequently require estimates of the probable cost of 
development and probable fixed charges, operating expenses and cost 
of maintenance as well as an estimate of probable income. Such esti- 
mates require careful consideration and much forethought. They 
must be based on incomplete data. Contingencies of various kinds 
will surely arise and must be sufficiently foreseen and provided for by 
conservative estimates. 

The report should usually be accompanied with maps, drawings 
and sketches as may be necessary with the data furnished, to clearly 
illustrate the conditions and show conclusively that the conditions are 
such as the report sets forth. 



74 Notes on Contracts and Specifications 

In general it is essential that the report itself should be clear, con- 
cise and definite in its statements and recommendations. Any elabo- 
rate discussions of voluminous data should usually be contained in the 
appendix to which the main report should refer for confirmation of its 
facts and recommendations. Even under such conditions it is well to 
sumimarize the conclusions and such a summary may be introduced in 
the closure of the report or may sometimes be included to advantage in 
a short letter of transmittal, which may be used as an introduction to 
the more extended treatment of the report. 

BIBLIOGRAPHY OF USE OF ENGLISH 

The Theory and Practice of Technical Writing. S. C. Earle. The Macmil- 

lan Co. 
Handbook of English for Engineers. W. O. Sypherd. Scott, Foresman & 

Co. 
A Guide to Technical Writing. T. A, Rickard. Mining and Scientific Press 
Note-Taking. S. S. Seward, Jr. Allyn & Bacon. 
The Art of Writing and Speaking the English Language. (6 small vols.) 

Sherwin Cody. 
Effective Business Letters. A. H. Gardner. The Ronald Press Co. 
Putnam's Correspondence Handbook. Eleanore Banks. G. P. Putnam's Sons. 
Conservation of English Speech. J. F. Ferrald. Funk & Wagnalls Co. 
Handbook of Composition. E. C. Mollet. D. C. Heath & Co. 
The Correct Word. J. T. Baker. Correct English Pub. Co. 
Errors in English. F. H. Vizetelly. Funk & Wagnalls Co. 
The Essentials of Composition and Rhetoric. A. H. Espenshade. D. C. 

Heath Co. 
A Study of English Words. J. M. Anderson. Am. Book Co. 
Expository Writing. M. G. Fulton. The Macmillan Co. 
Elements of English Composition. Gardner, Kittredge and Arnold. Ginn. 

& Co. 
English Composition. Barrett Wendell. Chas. Scribner's Sons. 
Essentials of Exposition and Argument. W. F. Foster, Houghton, Mifflin Co. 
English Prose Composition. Edward Fulton. Henry Holt & Co. 
Words and Their Uses. R. G. White. Houghton, Mifflin Co. 
Every-Day English. R. G. White. Houghton, Mifflin Co. 
Soule's Dictionary of English Synonyms. G. H. Howison. Little Brown & 

Co. 
English Synonyms, Antonyms and Prepositions. J. C. Ferrald. Funk & 

Wagnalls Co. 
Crabb's English Synonyms. George Crabb. Harper & Brothers. 
Standard Thesaurus of English Words and Phrases. C. V. S. Mawson. The 

Kelmscott Society. 
Putnam's Word Book. L. A. Fleming. G. P. Putnam's Sons. 



CHAPTER VI 

INVESTIGATIONS, DESIGNS AND ESTIMATES 

§ I. The Investigations. — Prior to the design of any plant or 
structure a thorough investigation should be made of the nature of the 
material which must be excavated or moved, the foundation on which 
the structure must rest, and the material into or through which tun- 
nels, channels, foundation piles, caissons or other structure must be 
driven. The character, the quantities and the physical conditions of 
such materials should be deteniiined so far as practicable. It is often 
the case that the decision to build or to carry out an improvement is 
followed immediately by a demand for construction at such an early 
date that a proper examination of the conditions is not possible. Such 
haste in construction is undesirable and almost invariably entails extra 
expense. 

The failure to make suitable investigation of these conditions and 
to secure the desirable information, both for the use of the engineer in 
designing and estimating the cost of the work and for the use of the 
bidder in the preparation of his proposal, is often due to false economy 
on the part of the owner or of the management of the company who 
proposes to construct the work. The cost of thorough preliminary in- 
vestigation is often considerable, and it' is sometimes assumed that any 
extensive preliminary examination is unnecessary. When the en- 
gineer yields to necessity or persuasion and fails to secure the proper 
information, he is nevertheless blamed for any trouble and expense 
which may follow. If the bids received, based on insufficient informa- 
tion, are unduly high or if the quantities estimated on the same uncer- 
tain basis are found seriously in error, he is blamed for troubles which 
he has had no means of preventing. 

Preliminary information will permit plans to be drawn to fit the 
actual local conditions, instead of assumed conditions which do not ob- 
tain and will save needless expense and much more than enough to pay 
the preliminary costs, to say nothing of the e.ffect of such information 
in reducing the prices bid for the work. The engineer, therefore, 
should place the necessity for such preliminary investigations and the 
advantages which will accrue therefrom sc|uarely before his clients, 
and insist on sufficient time and expenditure to secure the information 



76 Notes on Contracts and Specifications 

necessary for both purposes. The low bids received on almost every 
job on which adequate information is furnished by the engineer to 
prospective bidders is proof of the saving effected in the cost of the 
work, and this is in addition to the saving accomplished by the conse- 
quent proper design. Everything that can be done to make the con- 
ditions bearing upon the required work clear and certain has an ad- 
vantage in reducing the prices which will be bid for the work, and the 
converse is also true. 

§ 2. Unsatisfactory Practice. — It is unfortunately common but 
mistaken practice to require the contractor to assume all risk and re- 
sponsibilities concerning the character and sometimes even concerning 
the relative amounts of the different kinds of material. 

Good sense seems to warrant the' conclusion that, in dealing with 
intelligent men something cannot be secured for nothing, and experi- 
ence has demonstrated that whenever such an attempt is made it 
usually results in unnecessary increased cost. 

An intelligent contractor, if he bids at all on plans and specifica- 
tions which are uncertain or manifestly unfair, will add a sufficient 
sum to compensate him for the uncertainties and the unfair treatment 
he must expect, and to be safe will usually add more than enough to 
cover the probable expense. The client thus pays more, and usually 
much more, than he would under definite plans and specifications. 

When only incomplete investigations have been made by the en- 
gineer, contractors are usually invited to make their own investigations 
in order to determine the nature of the formation in or through which 
the work is to be built. It is evident that such a policy is a poor one, 
for if carried out it involves considerable expense perhaps for each of 
a large number of contractors, all of whom must investigate the con- 
ditions to their own satisfaction. It is evidently desirable in order to 
avoid expense that only one such investigation should be made, that it 
should be made by the engineer of the parties letting the work and that 
it should be thorough and sufficient for the use of all parties interested. 
This question is an important one and one that has many bearings, 
all of which should be considered. That such unfair and unsatisfac- 
tory practice is quite common is evident from numerous specifications 
of which the following from a proposed contract for grading a railroad 
is an example r"" 

"Contractors bidding on the woik are invited, at their own cost and ex- 
pense, to put down test holes or borings, to determine the nature of the soil 



1 See Eng. News Sup., Vol. 50, page 29. 



Investigations, Designs and Estimates 11 

and underlying formation, and every facility will be given by the company 
to the contractors for that i)urpose." 

"It must be particularly understood that the bidding on this work will 
be without classification for excavation and grading, and that the contractor 
must personally examine the geological formation; and no claim upon the 
company may hereafter be made on account of misinformation stated to 
have been given by any employee of the Company or Board." 

It is evident that no intelligent contractor will assume uncertain- 
ties such as are involved in the above specifications without consider- 
able investigation and without expecting adequate compensation. A 
conservative contractor will probably refuse to undertake such an in- 
vestigation, because the chances of his securing the work are remote. 
The number of firms that will attempt to make such an investigation 
will therefore be small and the competition will be limited. Such 
firms will bid high enough to assure themselves of large returns, and 
the cost of the work will be tmnecessarily increased. 

§ 3. Difficulties. — To make a thorough investigation of the ac- 
tual conditions on a project, determine the quality and quantity of the 
various kinds of material to be encountered and show them by plans, 
drawings and definite specifications, involves not only time and ex- 
pense but also the responsibility of any accidental misstatement of the 
exact facts. Underground conditions are very uncertain and cannot 
be readily determined even by elaborate borings. Variations in the 
strata are liable to occur which will not be determined even though the 
borings are fairly close together and it is evident that such investiga- 
tions must have a practical limit. Any departure from the positive in- 
formation given may result in demands for extra compensation^ and 
even slight variations which might not actually affect the cost of the 
work will give an unfair contractor an opportunity for excessive de- 
mands for extra compensation ; whereas if the contractor is required to 
assume the responsibility for changes, no such claims can be main- 
tained. It is believed that this danger is one of the chief reasons why 
so much responsibility is frequently forced on the contractor, even 
when it is recognized that such responsibility entails extra expense. 

It is desirable to remove hazard to as great a degree as practicable, 
both in order that bids may be reasonable and for the sake of fairness. 
The owner must expect to pay a fair price for his construction under 
the conditions that actually obtain, and he will certainly be compelled 
to do so unless some mistake is made by the bidders. The technical 
problem involved is to determine and show by plans and specifications 



78 Notes on Contracts and Specifications 

as nearly as possible the actual conditions that obtain in order to se- 
cure low prices through protection to the contractor in his bidding, 
and to protect the owner from unjust claims based on slight variations 
which do not affect the cost. This can often be done by determining 
the quality and kinds of material through sample borings and by ar- 
ranging to pay for possible variations in estimated amounts in accord- 
ance with their actual occurrence. 

In the excavation of trenches, tunnels, etc., a large item of ex- 
pense is the cost of handling the water that may be encountered. In 
many specifications the contractor is required to take the risk as to 
what this may cost. The removal or reduction of the risk is a relief 
to the contractor and w^ill usually reduce the cost bid for the work. 
Such a clause in tunnel work is occasionally introduced essentially as 
follows : 

"The contractor will be required to pump out of the upper section of 
the tunnel, 10,000 gallons per day of 24 hours, without charge, regardless of 
the amount of lift. Any excess of water will be paid for at the rate of X,000 
gallons specified in the proposal." 2 

The last sentence in the above specification is objectionable on 
account of the fact that the amount of the excess water cannot well be 
estimated, and therefore no basis of comparison of various bids is pos- 
sible on this item. It w^ould apparently be better to state in the speci- 
fication an amount w^hich will be paid to contractors for each 1,000 
gallons, although such a specification would probably be illegal in pub- 
lic contracts w^iere the work must be to let the lowest responsible bid- 
der.^ 

Under such contracts, in all cases where the cost of any extra 
Avork is fixed at cost plus a percentage, or where provision is made for 
any incidental rock excavation or other contingent expense, at a cer- 
tain fixed price per unit, the payment for such work can be enjoined 
by a taxpayer. The only safe method therefore under public con- 
tracts is to ask for a percentage bid for extra work or for a unit price 
for any other contingent expense. 



2 See Eng. News, Vol. 52, p. 363. 

3 "When the law provides that the contracts for public work shall be let 
to the lowest responsible bidder, any provision in the contract which fixes 
the price for extra work without having invited bid's on that item, is illegal, 
and payments at rates specified may be enjoined at the suit of the tax- 
payer."— Moynahan V. Birkett, S. P. 2, Dept. 31, N. Y. Supreme Court 293 



Investigations, Designs and Estimates 79 

§ 4. Deep Wells. — In some cases, such an investigation is evi- 
dently inexpedient. For example, in deep borings and in the drilling 
of deep wells, while the nature of the geological strata can in general 
be ascertained, these strata are known to vary to a considerable extent 
in character and thickness from point to point and no means of ac- 
curately determining their exact nature and extent are available ex- 
cept by the construction of the well itself or a smaller one in the im- 
mediate vicinity which would involve an expense very greatly in ex- 
cess of the benefit derived. In such cases, therefore, a statement of 
the approximate geological conditions seems desirable and, in general, 
the contractor should expect to take the risk of the uncertainties in the 
characters of the strata, and for which he must demand proper com- 
pensation. Provision should be made for the possibility of encounter- 
ing caving material, for which contingency extra expenses may be oc- 
casioned by the necessity for enlarging the well and casing off the 
caving material in order that greater depths may be reached with the 
desired well section. It will usually prove economical for the owner 
to assumie the responsibility for this extra expense, for if he does not 
he will probably pay the extra cost in higher prices, whether or not 
the expense is actually incurred. 

§ 5. Investigations for Sewers. — In plans for sewers the nature 
of the material which will probably be encountered is usually deter- 
mined by borings or soundings. Such materials are often classified 
similar to those in railroad excavation, and on this basis payments 
are ordinarily made. This limits to some extent the chances taken 
l)y the contractor and to a much greater extent than where he is 
left to estimate the- varying amounts of such materials on the basis 
■of the borings which have been made. The unevenness of the strata 
throughout the extent of the sewer syste.m is so great that it is usually 
inexpedient to take sufficient borings to determine with accuracy the 
amount of rock which will be encountered. The variations in rock 
should not be at the risk of the contractor so far as amounts are con- 
cerned, and the expense incurred in making the necessary borings will 
be more than returned by the lower cost. 

A clause in which the burden is thrown upon the contractor is as 
follows :^ 

"The Borough does not warrant the correctness of the soundings as 
marked on the profile. The contractor must assume all risks resulting from 
any difference from the soundings found to exist when the sewer is built." 



*Eng. News Sup., Vol. 50, p. 305. 



80 Notes on Contracts and Specifications 

In sewer work, the greatest item of uncertainty usually arises not 
through the question of rock or earth, but from the variation in the 
qualities of soil and through the presence of water. These materials 
may consist of: (i) earth more or less easily caving; (2) earth or 
clay consolidated and free from cavings ; (3) sand with or without 
water; (4) fine sand or quicksand and water. 

It is usually inexpedient for the engineer to offer the above clas- 
sification, and the questions of these materials and conditions, while 
they should be determined as clearly as practicable and given to the 
contractor as data for use in preparing his bid, must usually be at the 
contractor's risk. 

§ 6. Design. — To properly design any structure or plant the 
designer must be familiar with the methods which must be used in 
construction in order that the construction shall be practicable and can 
be economically performed. The design and the consequent specifi- 
cation should not include unnecessary refinements or unreasonable re- 
quirements that will add to the expense without giving corresponding 
benefits. The design will have a large effect on the cost of construc- 
tion and this fact should be duly considered before arbitrary and un- 
usual details are finally adopted. In the work of designs not only first 
cost but also the cost of maintenance must be considered and in cer- 
tain cases cost of operation as well. Low first cost should not be se- 
cured at the expense of high maintenance or high operating expense 
but true ultimate economy should be considered whenever practicable. 
In some cases temporary construction may be necessary to secure the 
iiltimate ends, and permanent construction can only follow with the 
development of the property. In plants which are to be maintained 
and operated there is a personal equation which must be considered. 
Who will operate and maintain the plant or structure ? The capacity 
and ability of those on whom dependence must be placed for this pur- 
pose, needs careful consideration. High grade machinery and diffi- 
cult maintenance must not be trusted to incompetent men and where 
inefticient assistants must be utilized for such purposes, simplicity of 
design is highly essential. In the arrangement of an operating plant 
the same factors must be considered. If the plant is so arranged that 
the easiest thing to do is the right thing to do, it may confidently be 
expected that it will be done but not otherwise. It is not enough that 
a plant be well and economically designed and carefully constructed. 
It must also be easily maintained and readily operated by the class of 



Investigations, Designs and Estimates 81 

men that can be secured for such purposes, and these factors are equal 
in importance to the other physical factors in shaping the design. 

The study for a design requires an extensive investigation of the 
various types of similar development that are in practical use and the 
adaptability of such designs to the conditions of the particular locality 
under consideration. It is seldom that plans, no matter how success- 
fully carried out in one place, can be duplicated to advantage in an- 
other. Each plant should be built to meet the particular conditions 
under which it is to be installed, maintained and operated, and the best 
ideas from all sources that will apply to the local conditions should be 
correlated and embodied in the proposed design. Extensive experi- 
ence, observation, and study are each desirable and essential for the 
best results. 

The structure when completed should be suitable in every way 
for its purpose but no unnecessary expense should be incurred. The 
best of everything is not always essential or desirable. 

"Reduction of first cost to the lowest possible point is in logical 
or economical order the first consideration ; although therefore not by 
any means either the most important or the governing consideration. 
That this is so is easily seen, however often forgotten. It is not only 
businesslike common sense for investors and their servants, but it is 
sound political economy for the community as a whole. It does not 
mean nor imply cheap and shabby construction. It simply means an 
avoidance of waste, either in saving money or in spending it. It sim- 
ply means a recognition of the fact that every dollar and every day's 
work that goes into the ground and does not bring something out of 
it, makes not only the individual but the whole community poorer." ^ 

For his own as well as for his client's good, the engineer should 
endeavor to secure the very best results possible when all things are 
carefully weighed and considered. No reasonable amount of consci- 
entious work, painstaking thought, study, labor or expense should 
stand in the way of such results ; and anything less than this is a detri- 
ment to future professional attainments, which no engineer, young or 
old, can afford. 

§ 7. False Economy in Design. — In the building of shafts and 
tunnels, the cost of excavation and filling beyond the neat lines of the 
exterior of the lining is sometimes an item of considerable importance. 
In many cases, designers limit the excavation to these neat lines and 



^ A. M. Wellington, Eng. News Sup., April 28, 1904, p. 326. 



62 Notes on Contracts and Specifications 

in consequence the specifications require the contractor to assume all 
risks of extra excavation and filling- and the extra cost must therefore 
be included in some other item of the proposal. In some cases, specifi; 
cations are so drawn as to divide the risk by inserting a clause provid- 
ing that any excavation beyond the neat lines, due to unavoidable falls 
and breaks, shall be paid for at a price which is usually named a little 
less than the actual cost to the contractor.^ By such means the con- 
tractor is assured of a certain compensation for all excavation and re- 
filling, but at a rate which wall not make it an object to go beyond 
these lines on account of a high price for the required filling. 

In other cases the entire risk is placed on the contractor. 

In the specification 

"Concrete lining will be placed throughout the tunnel as indicated by 
the drawing. Any excavation beyond the neat lines of the tunnel section 
as shown on the drawings, shall be filled to the satisfaction of the engineer 
and no allowance will be made therefor." 

not only is the risk placed on the contractor but the wording is indefi- 
nite and therefore unsatisfactory. The nature of the filling should be 
stated, whether clay, rock or concrete. It is easy for the engineer to 
here specify the character of the material that will be required and 
leave out the doubtful term ''satisfaction." 

It should be remembered that, while throwing the cost of this 
extra fill on the contractor may be an apparent saving in the cost of 
the work, in order to keep down the amount of additional extra work, 
extra cost may be involved. Extra cost may be caused 

First: By drilling holes. 

Second: By the cost of powder and labor required to break rock 
to small size for loading. 

. Third: By the cost of trimming projections from the side of shaft 
or tunnel. 

What is desired is the construction of proper work at the least ex- 
pense to all concerned, and the cost of a reasonable amount of break- 
ing beyond the ne'at lines may be more than saved in reducing the 
extra cost of careful excavation. The above is but a single example 
of how false economy may sometimes be attempted in the preparation 
of designs and specifications. 

§ 8. Estimates. — Estimating the cost of structures and mate- 
rial is an important duty of the engineer. The financial success de- 



6 See Eng. News, Vol. 52, p. 362. 



Investigations, Designs and Estimates 83 

pends on the actual cost of such works and the works must be financed 
on the basis of these estimates. If the actual cost greatly exceeds the 
estimated cost, a project which may have seemed financially attractive 
may prove a financial failure ; and even if failure does not result the 
necessary refinancing may prove an expensive handicap. 

Plans are rarely made for large and important structures that do 
not require more or less modification during construction. Unless 
this fact is duly appreciated by the designer and liberally allowed for 
in the estimates of cost, the estimates will ahvays be found more or 
less inadequate to complete the structure. The hazards of construc- 
tion increase with the difficulties of construction. In the superstruc- 
ture of one of the large buildings of Chicago, designed by one of the 
best architects of that city, and which was completed without any seri- 
ous mishaps, the cost of extras increased the original contract price 
almost twenty-five per cent., or about $700,000 on a $3,000,000 esti- 
mated cost. 

Engineering structures are sometimes built in locations where 
they are subject to considerable hazard due to conditions that cannot 
be fully predetermined and to the contingencies of storm and flood, 
which cannot be foreseen. In such cases the ultimate cost cannot be 
accurately determined and is frequently greater than any estimate that 
will usually be made. 

The engineer designing a structure or plant, if unfamiliar w4th 
the contingencies of actual construction, can scarcely conceive the 
unforeseen circumstances which may and frequently will occur when 
his plans are being carried out in the field. An estimate in detail of 
the reasonable cost of each feature of the work can seldom cover all 
the costs involved in the construction of such structure and the cost 
must be overestimated or a large contingent estimate must be added 
in order to cover the actual cost. An engineering project which will 
pay only fair returns on a close estimate of cost, is seldom worthy of 
serious consideration as unforeseen expenses will often make it a los- 
ing investment. 

In a recent water power development which was under advise- 
ment for a number of years, and which was perhaps as thoroughly 
considered and as carefully planned, both in design and in methods of 
construction to be pursued, as any other development of late years, the 
cost of the finished structure exceeded the estimate, by thirty-three per 
cent. The estimate of cost was about $21,000,000; the actual cost 



84 Notes on Contracts and Specifications 

about $28,000,000. In another case, where estimates were carelessly 
made, the original estimated cost was $800,000, and the actual cost of 
the complete development about $2,500,000. 

It is of course obvious that a project which may be very attractive 
on a basis of an investment of $800,000 is likely to be a serious failure 
on the basis of an investment of $2,500,000; and even a project which 
seems attractive on the basis of a $21,000,000 investment may be seri- 
ously handicapped by an expense of $28,000,000 unless there is a pros- 
pect of extraordinary returns on the basis of the original estimated 
cost. 

The unexpected extra costs of such developments, due to unfore- 
seen delays in construction, are often serious. The interest on bonds 
must be met semi-annually or annually from the date of their issue ; 
hence interest during construction is an important item in the building 
of any structure or in the cost of development of any industry, and is 
an item which is particularly uncertain in hazardous construction. 
In a recent water power development a flood, the most extraordinary 
that had occurred on the river within the known records, not only 
caused a loss of approximately $40,000 to the work under construc- 
tion, but was followed by continuous and unusually high water for the 
year following, so that not more than ninety working days were avail- 
able within the year. In the same project, an ice jam in the spring 
carried out all the trestle and false works, involving a loss of perhaps 
$10,000 more. These casualties created a delay of more than a year 
with an extra interest cost of approximately $100,000. 

From the above it becomes apparent that all estimates should be 
liberally made, and that if the financial feasibility depends on a very 
limited expenditure, the estimates must be made with the greatest of 
care. 

Office engineers who have had little or no experience in the field 
cannot readily appreciate the contingencies of actual construction. 
Floods, storms, accidents, unavoidable delays in the receipt of materi- 
als, scarcity of labor, strikes, etc., have comparatively little meaning in 
the office but they are very real in the field and will constantly occur 
and add an unanticipated cost to office estimates. These contingencies 
are a real part of the cost of the work and just as much a part as the 
cost of material and labor and consequently must be taken into account 
in the estimates. 

Published cost figures are often unreliable or misleading. In thr 



Investigations, Designs and Estimates 85 

first place the conditions are not sufficiently defined to assure an un- 
derstanding of what estimate of cost the figures actually include, and 
they frequently omit general supervision and general and overhead 
expenses. In the second place such figures are seldom given unless 
they are comparatively low. If work has cost an excessive amount 
the cost figures are not a matter for congratulation and are seldom 
published. Such figures when used must, therefore, be used with dis- 
cretion and must be substantiated by inquiries made to determine their 
applicability to the case in hand. 

Besides the local physical conditions which must be considered in 
estimating the cost of construction, there are other factors peculiar to 
each locality that should be considered. In large cities labor is more 
plentiful but wages are apt to be higher and labor troubles more nu- 
merous. The cost of materials, wholesale, is not greatly different in 
the large or small community. Other difficulties from municipal re- 
strictions, such as traffic obstruction, etc., are much greater in the 
large than in the small city. The consequent cost of doing work is 
therefore frequently greater in the large city, and this is particularly 
so in regard to subsurface work. 

Distance from the market for labor and material will also affect 
the cost. It is frequently difficult to secure and hold labor at points 
far remote from cities and delays and extra expenses result. 

Accurate estimates can only be based on a somewhat extended 
practical experience in actual construction work and the young en- 
gineer should begin at an early date to secure data of the actual cost 
of the work which he sees performed, and in so doing should take into 
account the general and overhead expenses which are not as apparent 
but are no less real than the actual work and material which are 
placed in the structure or work. 

Even personal experience is apt to be misleading. Those who 
have had experience on difficult and expensive work will overestimate 
the cost of work where few difficulties or contingencies are involved, 
and the reverse is equally true and more dangerous to the estimator. 
The contractor who is used to doing work in large cities can seldom 
successfully compete with others for work in the smaller cities, and 
contractors who have been doing work in the smaller places are apt, 
unless great care is used, to underestimate the cost of work in large 
cities and accept losing contracts on account of their lack of apprecia- 
tion of the much greater cost involved. 



CHAPTER VII 

DAY LABOR AND CONTRACT SYSTEMS OF CONSTRUC- 
TION 

§ I. Business Methods. — Two systems may be employed in the 
construction of public and private works. 

First: The day labor system, in which an organization consisting 
of superintendents, foremen, mechanics and laborers is employed and 
the material purchased by the municipality or owner and the work is 
undertaken independently of contractors. 

Second: The contract system by which men or firms who make a 
business of construction are employed under some form of contract 
to undertake the work. 

Each of these systems has its advantages and disadvantages. 
Each may be entirely satisfactory under certain conditions and very 
unsatisfactory under other conditions. The choice of system must de- 
pend on the selection of the least of two evils, when all conditions are 
considered. From the point of view of the parties having the work 
done the choice will be made of the system that will secure the lowest 
cost of construction, the best workmanship, promptness of construc- 
tion and the elimination of contingences to the greatest degree. 

It is important on the part of the owner that the actual cost of the 
work should be closely known in order that he may determine whether 
the work can be financed and whether its construction will be war- 
ranted by the results that will be obtained from the investment. 

The contractor is equally interested in the cost in order that he 
may definitely know that he can complete the work for a given sum 
and with a certain profit. Both owner and contractor are interested 
in a definite knowledge of all of the conditions involved in order that 
it may be possible to closely estimate what that actual cost will be. 
The owner often assumes that he can eliminate uncertainty by inducing 
the contractor to assume all responsibilities, take the risk of all uncer- 
tainties and undertake the construction at a fixed sum. This can be 
and is frequently done, but for such service as well as for all other serv- 
ices, payment must be made and the prices paid for work performed 
under such conditions is usuallv excessive. 



Day Labor and Contract Systems 87 

When the nature of the work is such that its character and extent 
can be accurately defined and when plans and specifications for such 
work are so prepared that they are clear and complete, the uncertain- 
ties are largely removed and contracts let to responsible and experi- 
enced contractors are usually satisfactory. When, however, the con- 
ditions are indefinite and indeterminate, as they may be in hazardous 
and novel construction from incomplete investigation of conditions or 
from imperfect and indefinite plans and specifications, any estimate 
made must be more or less uncertain and will involve a serious risk. 
Such conditions must result either in exorbitant prices or the assump- 
tion of serious risks at a low price by contractors, who, under such 
conditions are apt to be more or less inexperienced and irresponsible. 
In the latter case, especially if the risk assumed by the contractor is 
realized to his detriment, there is a strong tendency for him to en- 
deavor to recoup his possible losses by furnishing and doing as little 
as he can under his contract. This often results in disagreements and 
litigation and quite likely in poor work and general dissatisfaction. 

On the fixed sum contract the interests of the owner and con- 
tractor are, in the main, directly opposed. The owner's desires are as 
previously outlined. The contractor's interest lies between a desire 
for a maximum profit and to establish or maintain a reputation for 
honesty, efficiency and ability. The latter desire will induce the re- 
sponsible contractor to carry out his contract even at a loss but is in- 
sufficient for such purpose with an irresponsible man. 

The day-labor system seems to offer a way of avoiding the diffi- 
culties of securing proper work under the contract system. Here, 
however, the owner exchanges the uncertainty of the honesty, ability 
and experience of the contractor for similar uncertainties in regard to 
an organization which he may have to establish for the special work at 
hand. In many cases he may find the evils he has assumed are as 
great as or greater than those which he has elected to avoid. 

The problem then is to choose such business methods of construc- 
tion as will avoid these difficulties so far as practicable. The answer 
is not apparent and indeed cannot be always the same, for the difficul- 
ties in various undertakings are so dififerent that they must be met in 
each case in different ways and as the circumstances seem to warrant. 

§ 2. Uncertainties in the Cost of Work. — Difficulties, to be 
eliminated, must first be recognized, and one of the greatest difficulties 



88 Notes on Contracts and Specifications 

in the way of securing the construction of work at reasonable cost Hes 
in the uncertainties as to what that cost may be. These uncertainties 
arise from various factors which are here briefly outhned. 

A. The Engineer. — To the owner who proposes to undertake the 
construction of a plant or other piece of work, the uncertainty involved 
in the selection of an engineer is not the least of his troubls nor an un- 
important factor in the expense of his undertaking. Much depends 
upon the honesty, integrity, judgment and ability of the engineer. For 
the best results, he must be a man who will make the interests of his 
client his own interests so far as equity will permit; his honesty and 
integrity must be beyond question; his judgment must be developed by 
knowledge and experience ; he must have the ability to economically 
design and intelligently supervise the construction proposed ; he must 
have sufficient self-knowledge to recognize his own strength and his 
own weakness and sufficient character to subdue his personal pride, 
and to demand and secure adequate advice on the subjects on which 
such advice is needed. An engineer with all such attributes is seldom 
available and such qualifications can only be approximated. No for- 
mulas can be offered for his successful selection. Careful inquiry 
among those who have had similar work performed, and observation 
of the ability developed by men in similar work, are the best basis for 
such selection. 

An engineer may be highly successful in one field and a serious 
failure in some other which is radically different. It lies within every 
young engineer to develop these attributes of success to a greater or 
less degree ; much will depend upon his individual will-power to make 
himself available for responsible service. 

To the contractor, the engineer is an equally important element of 
uncertainty, especially where local conditions are unknown, plans and 
specifications are incomplete, and the contract places large discretion- 
ary powers in the hands of the engineer. Is the engineer honest, ex- 
perienced and competent? Is he inexperienced, arbitrary and unfair? 
Will he shoulder his own mistakes or cover his errors, so far as pos- 
sible, at the contractor's expense? The answers to these questions 
would remove one of the greatest uncertainties in the cost of work to 
the contractor ; but unless the contractor has had previous experience 
under the same engineer, these questions can be answered only by ex- 
perience. Complete information covering local conditions, full and 



Day Labor and Contract Systems 89 

complete specifications, a fair contract and provisions for the arbitra- 
tion of disputed questions will remove much of the uncertainty. 

B. Local Conditions. — These can be made more or less certain by 
thorough investigations which should be undertaken by technical ex- 
perts employed by the owner. The results of the investigation should 
be made available to those who undertake the construction, who should 
also be required to make such additional examination and investiga- 
tions as will give them a personal knowledge of the conditions in- 
volved, so far as practicable, 

C. Plans. — Complete and definite plans can be based only on a 
complete and definite knowledge of the local conditions. They must 
be indefinite to the extent that the knowledge of the conditions are in- 
definite. .Complete, definite and proper plans can be prepared only by 
those who have sufficient knowledge and experience. Indefinite plans 
are frequently the result of indefinite information as to what should 
be required. 

D. Specifications. — Specifications, like plans, are dependent upon 
both a knowledge of conditions and a knowledge of how the conditions 
should be met in order to secure the results desired. Their proper 
preparation is further complicated by the difficulty of so expressing 
the meaning and intent of the writer that they will clearly convey the 
same to the reader, and by the fact that their meaning may have to be 
interpreted under conditions which were not foreseen. 

E. Contingencies. — Even when a fairly thorough preliminary in- 
vestigation has been made, and where complete and definite plans and 
specifications have been prepared, contingencies cannot be eliminated 
although they will have been reduced. No reasonable investigation 
can be so complete that it will disclose all conditions that may develop 
during construction. If some contingencies become of minor import- 
ance on account of well defined local conditions, other contingencies 
may arise. Weather conditions may prove unpropitious and cause in- 
creased expense. Continuous rains may set in and delay work and 
cause more or less damage. Severe cold weather may reduce output 
and require protection in the performance of the work. Floods may 
come and cause great damage, and even tornadoes or heavy winds have 
added to the toll of extra expense which could not be foreseen. 

F. Casualties. — Construction work is frequently accompanied by 
casualties more or less serious. These can be greatly reduced by care 



90 Notes on Contracts and Specifications 

and watchfulness, but humanity will never become sufficiently reliable 
to eliminate them altogether. On contruction work, every man is de- 
pendent for his safety on his fellow servants, who are more or less 
careless and unreliable, and on tools, machinery and apparatus that are 
liable to contain unknown and serious defects. The results are in- 
juries or death, and damages and destruction, all of which add to the 
expense involved. 

G. Transportation. — Almost every structure is dependent on trans- 
portation to some extent for its prompt construction and cost. This 
will probably be satisfactory but may cause trouble. The possibilities 
of freight blockades, misshipments, wrecks and various disasters add 
to the uncertainties and expense. 

H. Equipment. — The satisfactory completion of construction de- 
pends upon promptly securing the proper equipment for construction 
purposes as w^ell as the necessary equipment for the project to be con- 
structed, both of which involve more or less uncertainties because 
others than the principals to the construction are involved. Manu- 
facturers may have other orders that have precedence or may be unable 
to secure the materials necessary for making the equipment, and many 
other causes make this an item of extra expense. 

/. Material. — To secure material when needed and at a reason- 
able price is often a serious difficulty. Both items must be ascer- 
tained as a basis for a cost estimate, but as an order can seldom be 
placed at the time the estimate is made, both delivery and cost may 
change before construction is possible. 

/. Supervision. — It is exceedingly difficult to secure suitable su- 
pervision for construction work. Firms having an extended business 
usually keep a number of dependable men on whom, from their previ- 
ous experience, they can reasonably rely. Even such firms cannot 
keep all of the superintendents, foremen, etc., that they need when 
business is at its best ; and they must depend on their ability to select 
and secure suitable men for temporary positions. The problem be- 
comes more difficult and uncertain when an entire force is to be organ- 
ized for the purpose of a single construction. 

Letters and recommendations may assist in the selection of such 
men, but there is no way by which actual fitness can be determined ex- 
cept by trial, and repeated trials are often necessary. A superintend- 
ent or foreman who is inexperienced or unsuited to a certain position, 
may and frequently does add greatly to the expense of the construction. 



Day Labor and Contract Systems 91 

K. Labor. — Skilled and unskilled labor is one of the important 
variables in the cost of construction. The ability to secure suitable 
men in sufficient numbers for the prompt completion of construction 
will greatly reduce cost. When men are in great demand they are 
hard to secure, the force employed becomes inadequate and not only is 
the work delayed and the cost of supervision increased, but the men 
themselves become less efficient. When jobs are scarce and hard to 
find, the men on the work are attentive and efficient ; but with plenty 
of work and labor in demand, they become independent and inefficient. 
The price of labor advances and the amount performed per individual 
becomes less. These changes frequently occur after an estimate is 
made and must be considered as one of the serious uncertainties in all 
estimates. 

L. Combinations. — Illegal combinations are among the uncertain- 
ties that will cause extra expense in construction. Combinations of 
contractors, material men and manufacturers are not unknown, and 
often seriously affect prices. They can seldom be proved, but they are 
often no less real. They can often be recognized only by a very defi- 
nite knowledge of actual values, and their effects on cost can some- 
ties be obviated only by the rejection of offers and refusal to proceed 
until such condition can be eliminated. 

M. Graft. — The form of dishonesty known as "graft'' is more 
common to public than to private work, because the opportunities in 
public work are greater. It results from private combinations of dis- 
honest men who have some influence which can be used to secure the 
acceptance of unfair prices or unfair work, and a consequent dishonest 
profit which may be divided among them. No high grade contractors 
or engineers, worthy of the name, ever enter into such dealings, and 
while this disreputable defect in business relations is still occasionally 
encountered and still needs watchful attention, it is believed to be less 
common than is popularly supposed. 

A^. Politics. — This evil creates some of the most important uncer- 
tainties in the cost of construction of public works. It sometimes re- 
sults in forms of graft which have been previously mentioned but it 
often takes forms which, while objectionable, hardly justify so severe 
a title. 

Political influences are commonly exercised to secure appoint- 
ments of superintendents, foremen and inspectors who are unqualified 
for the work, and labor that is incapacitated or otherwise inefficient. 



92 Notes on Contracts and Specifications 

It may be exercised to reduce hours of labor and to unduly increase 
the compensation paid. The reasons behind it may sometimes be laud- 
able, the desire to improve labor conditions, the desire to afford work 
to the unemployed, or may be unscrupulous when exercised for per- 
sonal influence. In any event, politics is one of the serious uncertain- 
ties which must be considered in the cost of public works. 

To the above might be added legal complications, and perhaps 
other factors which are only indirectly covered in the above analysis. 
Enough has been said, however, to fairly present the difliculties in the 
case. Were all of these factors present in every piece of construction, 
the chances of making estimates that would be reasonably close to the 
actual costs which could be secured by any method of construction, 
would be very remote. 

§ 3. Force Account Construction. — The construction of engi- 
neering work by force account independently of contractors, eliminates 
certain difficulties involved in work let under a contract, but introduces 
other difficulties often no less serious. The responsibility for the con- 
struction and for the cost of the work is placed on such organizations 
as the owner or nmnicipality may create for the purpose, and the re- 
sult depends largely on the efficiency of such an organization. Where 
the work is continuous there is no valid reason, except the local condi- 
tions, why such an organization may not be established on a business 
basis and accomplish results which are fairly comparitive with the re- 
sults which can be accomplished by work done under contract. The 
possibility of creating an efficient organization is, therefore, the prin- 
cipal point to be considered. 

In public organizations there is always the danger that there may 
be interference in the personnel of the organization and in its activities 
which will seriously handicap and injuriously affect its efficiency. In 
such organizations, especially in public work, there is not the per- 
sonal responsibility for accomplishing proper work at the lowest first 
cost that obtains in works let by contract. There is no personal in- 
centive to keep the construction cost at the lowest price in order that 
there shall be no personal losses and a maximum of personal gain. 
Frequently this lack of responsibility is felt in common by all engaged 
on the w^ork, from the laborer to the highest authority. Excessive 
cost is commonly excused on the basis of supposedly better and more 
satisfactory construction. 



Day Labor and Contract Systems 



93 



The advantages and disadvantages of force account as applied to 
public works is analyzed by the author as follows : 



Day-Labor or Force-Accoii 
Advantages. 

1. Employment of local labor. 

2. Saves contractor's profit. 

3. Eliminates scamping and ineffi- 

ciency of contractor. 



4. Eliminates diflficulty of drawing 

contracts for complex construc- 
tion. 

5. Permits flexibility and ease of 

modifying plans. 

6. Saving in cost of inspection. 



nt System for Public Work. 
Disadvantages. 

1. Politics, higher wages for labor, 

shorter hours and less efficient 
labor. 

2. Usually entails greater actual cost 

of construction. 

3. Introduces ineflSciency of superin- 

tendents and foremen due to 
lower wages and political influ- 
ences in appointments. 

4. Difl[iculties more fancied than real 

and can be overcome by employ- 
ing efficient and experienced en- 
gineers. 

5. Leads to careless investigation 

and design and unsafe esti- 
mates. 

6. No real saving possible, inspectors 

are necessary to prevent care- 
lessness by foremen. 

7. Difficulty of fixing responsibility. 

8. Tendency to maintain organiza- 

tions when not needed. 



Under favorable circumstances and for certain purposes the ad- 
vantages may offset the disadvantages, but such conditions are limited. 

Mr. H. P. Eddy, who investigated the efficiency of certain city de- 
partments of Boston for the Boston Finance Commission, presented 
a paper before the Boston Society of Engineers which gave much 
pertinent information on this subject. 

In order to determine the general practice of cities in doing work 
on extension of water pipes and sewerage systems by day labor or by 
contract, the following information was obtained : Of fifty-eight cities 
reported concerning the methods used for water pipe extension one- 
third were doing work by contract, but outside of New England forty- 
eight per cent were doing the work by contract. Of seventy-three 
replies in regard to methods used for sewer construction fifty-two 
were doing work wholly by contract, but outside of New England 
forty-eight of fifty-one cities reporting were doing work bv contract. 



94 Notes on Contracts and Specifications 

In Massachusetts seventeen out of eighteen reporting- were doing 
work by day labor. While recognizing the abuses in the contract sys- 
tem. Mr. Eddy, nevertheless favored that system on account of the 
greater abuses in the day-labor system. In work done by day labor 
he found a strong tendency through political influences to employ 
older and less efficient labor, to increase wages above the compara- 
tive wages paid by contractors, to shorten hours, to pay wages for 
Saturday half holidays, general holidays and during sick leave, and 
by such means to greatly increase the cost of construction. In a 
comparison of eight comparable pipe sewers laid in Boston by day 
labor and by contract he found the additional cost of work done 
by day to be from 48 per cent, to 220 per cent, of the cost of similar 
work done under contract. Similar figures and conclusions can be 
drawn from various sources, and while, in some cases, evidence is 
available to the contrary, such cases are believed to be the exception 
and not the rule. 

Where the manager of work done by force account is directly re- 
sponsible to an owner who gives personal attention to the expendi- 
tures involved, the objections enumerated above become less valid and 
better results can commonly be secured. When, however, an organ- 
ization is effected for the purpose of a single construction, the manage- 
ment is confronted with the difficulties of securing suitable, experienced 
and efficient supervision. The best superintendents and foremen are 
commonly permanently engaged with contractors who have a per- 
manent and continuous business, and men so employed do not care to 
break such connections for a position which can be at the best only 
temporary, and which may leave them at the close of the job without 
permanent connection. This factor is so important that in order to 
secure good men it is usually necessary to pay excessive salaries. The 
manager is at the further disadvantage of having no personal and inti- 
mate knowledge of the capacity and reliability of the men he must em- 
ploy, and he must frequently secure them only to find that they are un- 
suitable for his purpose and are available only because their idiosyn- 
crasies have made them unsatisfactory for permanent connections. 

Another serious handicap is the necessity of purchasing an entire 
construction plant and tools for a particular job, which at its close can 
be sold only at a considerable sacrifice. Even the purchase of such 
equipment requires extensive experience and knowedge of the par- 
ticular contract involved. 



Day Labor and Contract Systems 95 

The engineer, or whoever must undertake the responsibihty of 
carrying out work of construction on this system, should fully appre- 
ciate his responsibility and the probable effect of any failure on his 
client's welfare and on his own reputation and his future prospects. 
Such work should only be attempted by those who have had actual and 
extensive experience, and a detailed knowledge of men and equipment, 
and a knowledge of business methods which are not commonly ac- 
quired with an engineering education. 

§ 4. Contracts at a Fixed Price. — The oldest and most com- 
mon method of letting work under contract is by receiving competitive 
bids of fixed prices. These may be either lump sums or unit prices 
on each of a number of items which together constitute the entire work. 

Contracting on a basis of either a lump sum or of unit prices is 
subject to the objection that the interests of the contractor and of 
the owner become at once antagonistic. It is the owner's purpose to 
secure the best quality of work and material at the prices paid, while 
the natural purpose of the contractor is to do the work as cheaply as 
possible and to economize both in the character of material and ex- 
pense of labor, so far as the conditions permit. 

If the contractor is a man of character, experience and reputation, 
and if his proposal has been based on definite and clear plans and 
specifications, his agreed price will contain a sufficient profit to assure 
the execution of the work in a satisfactory manner. If, however, he is 
unreliable, inexperienced and places the desire for profit above repu- 
tation, he may take the work at such a price as to assure a loss if he 
fulfills his contract. In this event, or possibly in any case, the letting 
of construction work to such a man will involve constant trouble, and 
usually poor ultimate results. Work let under contract should, so far 
as possible, be let only to men of experience and standing. 

In any but the simplest forms of work that can be clearly and 
definitely planned and specified, unit prices rather than a lump sum 
should be required. The letting of work for a lump sum may lead to 
exorbitant payments or any extra work required. Where a lump sum 
is bid and a change in the work is made, a supplementary contract must 
be drawn and a readjustment made in the price to be paid. In such 
cases the contractor has a distinct advantage, for his compensation is 
fixed and his own price must usually prevail for any extra work in- 
volved. The lump sum contract gives no information as to what the 
contractor regards as a fair price for each item of the work he is to 



96 Notes on Contracts and Specifications 

perform, on which information the deductions for work omitted and 
the extra payments for work performed might be based. While new 
work under a contract may be done on the basis of force account, such 
a method under contract conditions is usually unsatisfactory. The 
labor will usually be inefficient. When the laborer knows he is work- 
ing for the company, the state or the city, his incentive to do his best 
is gone, for all lost time simply adds to the profit of his employer. For 
this and other reasons, force account work under contracts should be 
avoided wherever possible, and it can be largely avoided by the use 
of the unit price system of bidding, which can be used for extra work 
arising out of the change of plans. Force account also means added 
work for the engineering department and careful supervision to see 
that the pay roll is not padded. 

Notwithstanding its disadvantages, the fixed price system of con- 
tracting has been found the most practicable method for general con- 
ditions. It is based on the same principles as other similar business 
transactions and therefore appeals to the majority of business men.. 
It also has some additional advantages to the owner in that while the 
actual cost may be high, a definite limit is fixed, the cost is known be- 
fore the work is begun, and if the price is too high the work need not 
'be undertaken. 

When a body of business men undertakes to construct a plant or 
to erect a building, they naturally proceed in the same manner that they 
would follow in other business undertakings. They commonly neg- 
lect to consider the fact that they are beginning an undertaking of 
which they are ignorant and are depending on a personal advisor and 
his ability to design, supervise, and secure adequate construction. In 
such cases, invitations to bid are usually confined to responsible con- 
tractors, but an endeavor is made to let the work at the lowest practic- 
able price in order that they may secure the most for their money, as 
in other business transactions. With complete plans and specifica- 
tions, properly and clearly prepared, the results are fairly satisfactory. 
When for any reason the price bid is too low to cover the cost of the 
work, the problem of securing proper construction at an unfair price 
arises. Many contractors under such circumstances will face the loss, 
and complete the work in first class and satisfactory manner ; but it is 
equally true that there are many others who will take every advantage 
possible in order to effect a saving. When the work is of a well known 
character and the services to be rendered are thoroughly defined, a 



Day Labor and Contract Systems 97 

lump sum contract is unobjectionable ; but as soon as serious elements 
of hazard enter the undertaking, such a contract becomes uncertain 
and must either be taken at an exorbitant figure or at a great risk of 
loss. Under such conditions, either the force account system or some 
other form of contract becomes desirable. 

§ 5. Excessive Waste in Competitive Bidding. — The expense 
to contractors in estimating on work which they do not secure results 
in a great economic waste from competitive bidding as it is now con- 
ducted. The Illinois Chapter of the American Institute of Architects 
in 1907 gathered statistics from five representative contractors who 
made competitive bids for buildings, costing from $100,000 to $150,000. 
From these statistics it appears that the average number of contracts 
estimated by each builder was seventy-two, and the average number 
of contracts taken, ten. The average expense of each estimate to the 
general contractor was $125 and in addition the expense incurred by 
subcontractors and material men was $378, making a total of $503 
spent on each estimate by the contractor, subcontractors and material 
men. In addition to this expense, the head of each firm spent an av- 
erage of twenty-one per cent, of the total time given the office business 
on these estimates. The average number of general contractors esti- 
mating on each building was approximately six, making a total cost of 
$3,018 on each building or from two to three per cent, of the cost of 
the building. 

Taking the total number of estimates made for the five contractors 
and deducting one-third for subcontractors' estimates used in com- 
mon by the general contractors, leaves approximately $120,000 as the 
total cost for estimates made on all work by these five firms. As the 
five contractors secured a total of fifty contracts, the expense of the 
bids from which work was secured was $25,150 and the expense in- 
curred for estimating contracts which were not secured was $95,000, 
which amount was a dead loss to the five contractors, subcontractors 
and material men in one year. This loss can, in the long run, come 
from but one source, and that is from the owners of the buildings 
erected. 

The committee in making this investigation estimated that in 1906, 
$63,000,000 in building work was done in the city of Chicago and that 
the expense of estimating was at least $1,260,000, of which $1,000,000 
was fruitlessly spent on unsuccessful estimates. 

• The committee suggested that this expense might be curtailed by 



98 Notes on Contracts and Specifications 

employing a professional estimator to make a complete estimate of all 
labors, materials and expenses involved in a proposed building. This 
estimator should be paid by the owner and should be absolutely inde- 
pendent. The committee expressed the opinion that the nature of the 
estimator's position would enable him to secure low prices for the great 
mass of material by eliminating middlemen's profits and reducing op- 
portunities for combinations. It was suggested that the owner should 
go over the plans and specifications of the building and the estimator's 
report of the cost of construction, and if he found the cost satisfac- 
tory, he should turn the papers over to a contractor satisfactory to 
himself and his architect. If the contractor was also satisfied with 
the amount of the estimate, he could be given the contract for the esti- 
mated amount, plus a fixed fee, depending upon the character and mag- 
nitude of the structure. At the completion of the work, if the building 
costs less than the estimate, the committee suggests that the amount 
should be divided equally between the contractor and the owner ; while 
if the cost ran above the estimate, the loss should be equally divided. 
They believe that in this way the interests of the owner and of the con- 
tractor could be made the same, and that their relations would there- 
fore be harmonious instead of antagonistic. The difficulty in making 
such arrangements would probably be due largely to the lack of ac- 
quaintance between business men and contractors and to the fact that, 
as few men put up more than one or two buildings, they would natur- 
ally see greater economy in competitive bidding than in awarding the 
contract without competition. 

The suggestion is, however, worthy of careful consideration, as 
some system of preventing unnecessary expense is desirable and all 
practicable economies will result both in reduced cost of construction 
and greater profits. 

§ 6. Contracts for Cost Plus a Percentage. — To obviate the 
difficulties of the fixed price contract, various methods have been sug- 
gested and tried with results more or less satisfactory. The most com- 
mon method has been to pay the contractor the actual cost of the 
construction work with specified percentage thereon as compensation 
for his overhead expenses, personal services, and profits. 

The advantages claimed for this system is that, as the risk or 
hazard of construction is entirely removed from the contractor, the 
owner can secure his services with the advantages of his skill and ex- 
perience for the lowest practicable amount. While the" owner is 



Day Labor and Contract Systems 99 

obliged, in this case, to assume the hazards or contingencies of construc- 
tion, he will pay only such costs as are actually incurred and for which 
he should equitably pay. 

There is no doubt but that the removal of hazard is an important 
factor in low bidding. Any successful man must charge prices which 
are sufficient to cover not only the actual cost which can be intelligently 
estimated, but also those contingent expenses which cannot be ac- 
curately foreseen, but which, nevertheless, will surely occur. Tenders 
from responsible contractors for work at a fixed price are bound, there- 
fore, to be high enough to cover reasonable and possibly unreasonable 
conditions. 

The percentage basis for the letting of contracts is, however, open 
to objections. One important objection is the fact that every increase 
in cost increases the amount payable to the contractor. Increased cost, 
while a detriment to the owner, is a direct financial benefit to the con- 
tractor. Not all contractors are strong enough morally to withstand 
the resulting temptation. 

Another serious drawback to all forms of contracting for cost 
plus a certain definite or variable return to the contractor is due to the 
inefficiency of management which is likely to result where a contractor's 
profit does not depend on his ability to do work economically. Where 
he has little or no financial interest in the actual economy of construc- 
tion, the personal care in the choice of men and equipment and the 
close supervision which obtains under fixed sum contracts are often 
missing, with more or less unsatisfactory consequences. 

Experience shows that it is almost or quite impossible to secure 
efficient working conditions under the cost plus percentage arrange- 
ment. The foremen and laborers, appreciating the fact that the con- 
tractor to whom they are directly responsible is not dependent on their 
greatest efforts for his returns, will almost uniformly reduce their ef- 
forts, with a resulting increase in cost and perhaps a detriment to the 
quality of work. 

While the lump sum price assures personal responsibility, the con- 
tractor will not attempt work unless he feels confident that he can prop- 
erly equip the same with suitable plant and supervision, as otherwise 
his chance for a profit would be small. In prosperous times, when the 
amount of work to be done is considerable, there is a strong temptation 
for the contractor, under the cost plus a percentage system, to take all 
work offered regardless of his ability to furnish suitable supervision 
and equipment. Such conditions are of course disastrous to low cost 



100 Notes on Contracts and Specifications 

of construction and to satisfactory work. The use of the percentage 
form of contract should therefore necessarily be limited to firms with 
well established reputations, and must be confined to work for private 
companies not bound by the legal restrictions which govern public 
works. Under certain conditions such a plan is undoubtedly desirable. 
In extending the rapid transit system of New York City it became nec- 
essary to construct a third track on the Second, Third and Ninth Ave- 
nue elevated railway lines. The difficulties in the way of the extensive 
improvements required were serious, and it was necessary to affect 
the improvement with a minimum risk of danger and the least prac- 
ticable interference with traffic on the elevated structure and on the 
streets below. The improvement aggregated about fifteen miles of 
such work requiring the fabrication and erection of about 50,000 tons 
of structural steel and at an estimated cost of $8,000,000. The ^lan- 
hattan Elevated Railway Company decided to employ certain responsi- 
ble contracting companies to do this work on the basis of cost plus 
fifteen per cent. This was made necessary on account of the intimate 
relation of the work to be done to the operation of the elevated rail- 
ways and the safety and convenience of the public. It is evident that 
it would be extremely difficult, if not impossible, to have prepared a sat- 
isfactory contract and specifications in order to have arranged for a 
public letting, and quite impossible to have provided for safe and sat- 
isfactory operation and, at the same time, have secured reasonable bids 
by the ordinary method of competitive bidding. 

§ 7. Contracts for Cost Plus a Fixed Sum. — In recent years 
the objection to the cost plus a percentage form of contract has been 
somewhat reduced by changing the basis from a percentage to the cost 
plus a fixed sum. By this form of contract, the contractor cannot 
profit by any increase in cost, but on the other hand will secure the 
greatest returns to himself by the least expenditure of time and money 
for the owner. This plan eliminates certain objectionable features of 
the percentage form of contract but does not eliminate the inefficient 
methods and unsatisfactory labor conditions. 

§ 8. Contracts for Cost Plus a Variable Premium. — Another 
form of contract has been used to some extent in "the last ten years. 
Under this form of agreement, the contractor undertakes to complete 
the work for a fixed sum and in a definite time. In addition to this 
sum, he is to be paid a stated premium which is reduced or increased, 
accordingly as the actual cost and time of completion are greater or 
less than the stipulated costs and time of completion. 



Day Labor and Contract Systems 101 

The advantage of this form of contract is that the owner can de- 
termine the final cost almost as closely as under the lump sum contract. 
If the cost of the work is less than the estimate, he is benefited to the 
extent of one half of the amount saved; while the other half is paid 
to the contractor as an extra premium earned. If the cost of the work 
increases above that of the estimate, half of the additional cost is paid 
by the owner and the other half is deducted from the contractor's pre- 
mium. If the work is completed in advance of the fixed time, the con- 
tractor receives a certain agreed sum per day for the time saved ; and 
if completed behind time, a corresponding deduction is made in the 
premium paid. The principal objection to this form of agreement 
arises from the possibility that the estimated cost may be high and the 
time of completion too great, under which condition the contractor 
may secure an unfair premium by his ability to reduce the cost and 
time below his estimates. If, however, this form of agreement is put 
into competition with lump sum bids on the basis of the estimated cost 
and time provisions as has been proposed, an advantage may be se- 
cured by a reduced cost and by the unity of interests w^iich should en- 
sue from this form of agreement. 

In a somewhat similar contract made in Boston, the agreement 
provided that the contractor should receive first the actual cost of the 
work plus ten per cent, of such cost. Upon the final completion of the 
w^ork, the total cost plus the percentage was to be compared with the 
estimated cost made by the engineer, and provisions were made in the 
agreement, in case the estimate was unsatisfactory to the contractor, 
for a revised estimate by a board of three engineers. If the total cost 
of the work exceeded the estimated cost, then one fourth of this excess 
was deducted from the ten per cent, to be paid the contractor; and in 
case the work w^as less than the estimated cost, the contractor was en- 
titled to receive one fourth of the amount saved. The entire cost of 
small tools and supplies used was charged to the work, and the cost 
of machinery, tools and appurtenances purchased for and used upon 
the work, less their value at the end of the contract, was also included 
in the computed cost. 

There is no apparent reason why a contract under the above plans 
may not be satisfactory and may not be applied to the carrying out of 
public works under open competition. This could be done by con- 
tractors stating in their proposals the percentage they would accept in 
addition to the actual cost of the work, with proper provision for addi- 
tions or deductions to be calculated on the basis above mentioned. 



CHAPTER VIII 

ENGINEERING AND ARCHITECTURAL WORKS CON- 
STRUCTED UNDER CONTRACT 

§ I. Public and Private Works. — By the term "public works" are 
meant works for municipalities, counties, states, and the nation, many 
features of which are controlled by law. By the term "private works" 
are meant works constructed by private parties, partnerships or cor- 
porations, such as private buildings, railroads, hydraulic plants, etc., 
which are not controlled by law so far as the form of contracts, charac- 
ter of specifications, and methods of letting contracts are concerned. 
The whole procedure of authorizing work, fixing contract requirements, 
advertising for proposals, receiving proposals, letting work, consum- 
mating contracts, and interpreting contracts differs materially in public 
work from that used in private work. 

The laws governing the making and letting of contracts for public 
works have been framed to obviate collusion and fraud, and their re- 
quirements must be observed in order that a legal contract may be 
made. 

Public works must usuallv be let onlv after advertising^, and to 
the ''lowest responsible bidder." State laws sometimes require public 
work to be advertised for a certain length of time, in certain ways, and 
to a certain extent, previous to the letting of the contract. The legal 
or charter requirements for advertisements are imperative to secure the 
validity of the contract. Where the law provides that the contract shall 
be given ''to the lowest responsible bidder giving adequate security," 
such bid cannot be arbitrarily rejected. Any act whereby a higher bid- 
der is made to appear the lowest, will invalidate the contract.^ 

The contract to be valid must be executed without alteration in 
plans, specifications or time ;- but when laws do not require contracts 
to be awarded to the lowest bidder, alteration may be made in con- 
tracts before they are executed. 

Void contracts cannot be legalized by public officers but may be 

1 Wait's Engineering and Architectural Jurisprudence, sec. 140. 

2 Ibid, sees. 141, 142. 



Works Constructed Under Contract 1 03 

ratified by legislative action.^ Any reasonable requirements imposed 
on bidders to secure or facilitate comparisons of bids lie within the dis- 
cretion of the official letting the work, and such requirements must be 
observed. 

When a certified check or other security is required with a bid for 
public work, and through error a mistake has been made, such security 
must be forfeited and public officials have no authority to waive such 
forfeiture. Determination of responsibility is discretionary but must 
be exercised in good faith. Acceptance by a public official may not, 
and usually does not, complete an agreement until such acceptance is 
formally ratified by the governing body. 

In the preparation of the contract and specification, it is necessary 
to keep in mind the distinction between public and private works. Con- 
tracts and specifications for public work must be so drawn as to allow 
opportunity for intelligent competition. "When the law provides that 
the work must be let to the lowest responsible bidder, any clause in the 
contract which fixes the price for extra work without bids on that sub- 
ject is illegal, and payments at rates specified may be enjoined at the 
suit of a taxpayer."* In many cases the bid of contractors on their 
own plans may be illegal under similar circumstances, as public bodies 
are usually empowered to determine the lozcest and not the best bid.^ 
In numerous cases however bids on alternate paving specifications have 
been declared legal,*^ although such decision seems illogical and based 
on a misapprehension of the principles of competition." 

In the execution of public work, no departure from the contract 
requirements can be legally permitted, but the specifications must be 
rigidly enforced, even though such change might result in better work. 
The public is not bound by principles of justice and equity and is not 
interested in the contractor's success or failure, and any changes which 
are made to benefit or assist the contractor are apt to be misconstrued 
and criticised and may involve serious consequences to the engineer. 

Private work, on the other hand, may be advertised or it may be 
let without advertisements, by public competition, competition between 



3 Ibid, sees. 141, 142. 

4 Moynchan v. Birkett (Sup. Ct. 2d Dept.), 31 N. Y. S. Rep. 293. 
'•Engineering News, Vol. 74, p. 609; also 57 Wash. p. 649; 4 Neb. p. 160,* 

and Dillon's Municipal Corporation, sec. 807. 
6 Eng. News, Vol. 74, p. 1048. 
-! Ibid, Vol. 74, Dec. 16, 1915. 



1 04 Notes on Contracts and Specifications 

selected parties or by agreement with a single contractor, as the owner 
or corporation may elect. In a private contract a verbal acceptance of 
a proposal may consummate the contract, and awards should there- 
fore usually be made subject to the making of a written contract, if 
such written contract is desired. 

In private work, other conditions and requirements are also radi- 
cally different from those for public works ; alternate bids, modifica- 
tions of requirements, adjustments and betterments that conditions 
seem to require in carrying out the work in hand may be made when- 
ever the parties to the contract agree. Rights may be waived, obliga- 
tions cancelled, and extra compensation granted, whenever it appears 
that such actions are warranted by justice and equity or by expediency. 

It is true that in public contracts, the legal requirements have been 
sometimes ignored or neglected, and no serious consequences have fol- 
lowed. Many such contracts which were invalid have been made and 
the works completed and paid for, even in some cases where there has 
been wilful neglect, dishonest intent and collusion and fraud. This 
has been due only to the fact that 'the question of validity has not been 
raised in court. 

In other cases, honest errors, due to a mistaken conception of legal 
requirements, not well established by court decisons. have resulted in 
heavy losses and sometimes in financial failure to contractors who have 
honestly and conscientiously entered into otherwise fair and reasonable 
contracts for the performance of public works. 

The risk of ignoring legal requirements is too great, and no con- 
tractor should enter into a public contract which is not clearly legal 
in every detail. 

In the preparation of contracts for public works, it is therefore 
evident that the engineer is in equity bound to see that his designs and 
specifications are especially definite, full and complete, and as the re- 
requirements of the contract cannot be legally waived, especial precau- 
tion should be taken to see that they are fair and reasonable. 

The contractor, on his part, should ascertain either personally or 
through attorney 'that all legal requirements have been complied with ; 
that the ordinance or order authorizing the work has been legally 
passed ; that the work has been legally advertised ; and that the con- 
tract and specifications fulfill all legal requirements. Ignorance of the 
law excuses no one, and in doing business with the public a knowl- 



Works Constructed Under Contract 105 

€dge of all requirements is assumed by the court and is neglected at the 
peril of the private citizen. 

§ 2. Negotiations for Construction Contracts. — The negotia- 
tions which are necessary prior to the consummation of a construction 
contract will vary in kind and formality with the nature of the work to 
be done. Where the party letting the work is a private person or cor- 
poration, such negotiations may take any form desired. Usually the 
owner will invite bids based on specifications more or less complete, 
with or without some proposed contract form. The request for pro- 
posals may be advertised or notices may be sent to such parties as may 
seem available for the work in question. 

The purpose of soliciting more than a single bid for either public 
or private works is to secure for the public or the owner the advantages 
of competition and the right to select a proposal which is advantageous. 
By such competition, contractors are induced to make close estimates, 
the amounts of which are usually dependent upon the amount of similar 
work available, and the state of the market for labor, materials, etc., 
to be furnished. Competitive lettings, if honorably carried out by all 
parties, are usually the most desirable methods of letting construction 
contracts. Where, however, the value of the work to be done, or the 
materials to be furnished, is well known, it may prove more satisfac- 
tory in private work to let the work without competition to a respon- 
sible contractor known to do satisfactory work or furnish the supplies, 
material or machinery especially desired, and at a mutually satisf;^c- 
tory price. Satisfactory results from private lettings are dependent on 
honorable dealings, and this method is perhaps open to greater oppor- 
tunities for dishonesty when the work is let by a third party (the engi- 
neer or some other official), and not directly by the owner. 

§ 3. Dishonesty in Competitive Letting. — The competitive letting 
of construction contracts is also open to dishonest practices. Con- 
tractors may combine with each other with the intention of securing 
high prices under apparent competition, where no such competition 
actually exists. Apparent competition has been sometimes secured by 
more than one bid by apparently different but actually the same par- 
ties. If the two bids submitted by the same party were both lower than 
those submitted by other bidders, the lower bid would be withdrawn on 
account of alleged mistakes, allowing the higher bid to stand and thus 
securing the contract at a price greater than the lowest price at which 
the contractor was reallv willine to undertake the work. This with- 



106 Notes on Contracts and Specifications 

drawal of a bid could be formerly accomplished on the common law 
right to withdraw or revoke an ofifer at any time before its acceptance. 
To prevent such withdrawal, bidders, especially on public works, are 
now usually required to accompany their proposals with certified checks 
or bidder's bonds, which they agree to forfeit if they revoke their pro- 
posal. 

Where negotiations are carried out between private parties and 
responsible contractors, the requirement for a check or bond to accom- 
pany the bid is seldom made, as in such cases proposals are usually 
made in good faith and will be carried out if accepted. 

Contractors also sometimes agree among themselves on the party 
to whom the award shall be made. The lowest bid. sometimes at an 
exorbitant price, and the contrsictor to submit it will be agreed upon, 
and other contractors will either withdraw or submit higher bids in or- 
der to simulate competition. Such combination can be prevented only 
by a knowledge of the real value of the proposed work. These coni- 
binations are illegal and, in case of public lettings, may in fact be 
criminal. If they can be proved, they will invalidate a contract so se- 
cured, whether public or private. 

Occasionally competitive bids are invited only for the purpose of 
compelling a favorite bidder to reduce his bid to the lowest possible 
amount and with no intention of utilizing the bids so submitted, except 
as a means of forcing the favorite bidder to reduce his bid. 

It is evidently unjust to request proposals from bidders whose bids 
will not actually be considered, and thus cause a needless expenditure 
from which they can receive no consequent possible benefit. Any en- 
gineer or business man pursuing such tactics will soon find himself in 
ill repute among responsible contractors and his future attempts at 
securing satisfactory bids greatly embarrassed. The engineer should 
know no friends nor favorites among the bidders in the letting of any 
work to be done under his specifications and should strive to award the 
contract to the lowest and best bidder in all cases. 

§ 4. Restricted Lettings. — For private lettings, proposals may 
be restricted to those persons or companies known to be most reliable 
or capable, and others whose capacity or capabilities may be question- 
able mav be excluded. Where the knowledge of those letting the work 
is sufficient to justify such discrimination, such a selection seems de- 
sirable, as it greatly simplifies the selection of a responsible contractor 
and prevents a needless expenditure by those parties who might other- 
wise desire to make proposals which would, for the reason mentioned,. 



Works Constructed Under Contract 1 07 

receive no serious consideration. Ethically only such bidders should 
be included in the request for proposals as the owner is willing to con- 
sider in awarding the contract. 

To secure proposals which are competitive, they should all be 
based upon plans and specifications which should be as specific and in 
as great detail as praticable, and all available information should be 
furnished to each bidder alike. Any additional information that will 
give the advantage to any favored contractor is an injustice which 
should be strenuously avoided ; and when such information is furnished 
by an official, without the knowledge of the owner, such action is dou- 
bly dishonest and operates as an injustice not only to other contrac- 
tors but also to the owner who under such conditions has not the real 
competition to which he is justly entitled. So far as practicable, the 
controlling factor of the letting should be the lowest bid. This cian 
often be accomplished by making the specifications so complete and 
definite that other differences shall be obviated. 

If any owner desires to confine his purchase to a single company, 
he should inform himself, either directly or through his engineer, by 
proper inquiry and investigation so that he may feel that he possesses 
the requisite knowledge of values to undertake negotiations with such 
company without putting others to needless expense. 

§ 5. Securing Low Bids. — It is the reasonable desire of every 
engineer and owner to secure bids for the proposed work to be let un- 
der contract at as low a figure as can reasonably be made, and at the 
same time assure good material and good work. To accomplish this, 
the ideas of the parties who are asked to undertake such work must 
be understood and appreciated, for if requirements are made which 
are unnecessary and add to the expense or increase the hazard and 
consequent chance for extra expense, they should be eliminated. The 
wishes of the contractor in these matters cannot and should not be 
ignored but should be considered so far as practicable, for aside from 
the question of equity, there is the question of expense, which will 
always appeal to the owner. 

Mr. Richard Morey, of the Morey-Faulhaber Construction Com- 
pany, expressed his ideas on how to get low bids from good contrac- 
tors, in a paper before the St. Louis Railway Club, as follows : 

"1. Give full and detailed information as to the work, all dimensions, 
quantities, classes of materials; everything that can possibly be used to fig- 
ure costs. 



108 Notes on Contracts and Specifications 

"2. Ask for bids on as many units as can be applied to the work. This 
may increase slightly the office work, but it will reduce costs. To use 
grading as a simple example, a contractor will bid lower and the work will 
cost the railway company less, if the proposals are made so as to separate 
bids on excavation hauled, excavation wasted, embankment borrowed, over- 
haul with a short free haul and all possible classifications of material. To 
the contractor this means that uncertainties are reduced to one or two 
items and that he will be paid for just what he does. To the railway com- 
pany it means an elastic contract that readily covers the inevitable changes 
of line or plans, and that the company pays for just what it gets. 

"3. Rewrite some of the clauses in the contracts and specifications, par- 
ticularly those which applied to former conditions, but do not fully cover 
present ones, and, especially, some of them which have grown from inter- 
lineations mad© from year to year in your printed forms. 

"4. Recognize the relation between the responsibility of the contractor 
and the requirements for the bond and the retained percentage. At the time 
the contract is signed, and the responsibility of the contractor is measured by 
the full amount of the contract, the railway company is satisfied with a bond; 
later, as the work is near completion and parts of it even in use, the railway 
company still has the bond and also the retained percentage and the con- 
tractor's responsibility has become insignificant. 

"5. Give us as inspectors men whose knowledge of the work at least 
approaches that of our foremen. 

"6. Give us our full quantities on our monthly estimates and then see 
to it that the vouchers made to cover those estimates move promptly through 
the auditor's office to the treasurer." « 

§ 6. Suggestions of American Society of Engineering Contract- 
ors. — A committee of this society submitted a report in January, 
1913, in which the following desirable requirements for public con- 
tracts were expressed : 

"1. The committee thinks it impossible to submit a complete form to 
cover all phases of all engineering contracts, but a work of much value can be 
done by adopting some general principles and formulating them so that they 
may be made a part of substantially every contract. 

"2. Every condition, of whatsoever character, by which the parties are to 
be bound should be submitted to bidders as part of the specifications on which 
they bid. The contract to be signed should be annexed to the specifications. 
In this way the bidder is not liable to be surprised by new conditions 
appearing in the contract submitted for his signature after his bid has been 
made and accepted. 

"3. The greatest vice of contracts is uncertainty. In adopting any form 
of contract or specifications every effort should be made to secure exactness 
of definition of the rights and duties of both parties. 



8 From the "Proceedings of the St. Louis Railway Club." 



Works Constructed Under Contract 109 

"4. Recognizing the impossibility of foreseeing every emergency, some 
authority must be devised for the determination of either unexpected physi- 
cal conditions or unforeseen ambiguities in the contract. 

"5. The first requisite to this is promptness, so that the work may 
proceed. This doubtless requires that all disputed questions shall be pri- 
marily settled by the engineer present on the work. 

"6. While the engineer is the best-fitted person to reach a prompt de- 
cision, his relation to the owner unfits him for an impartial decision. 
There must, therefore, be some provision for an appeal to an impartial 
tribunal and final settlement of all disputes by it. 

"7. Disputes should, as far as possible, be settled as the contract 
progresses, so that the parties can know how they stand. To this end 
all matters of dispute should be reduced promptly to writing and all appeals 
from the engineer's decisions should be promptly taken. 

"8. Each party should assume full responsibility for his own share of 
the contract. 

"9. This involves the assumption, by the owner, of responsibility for 
the local conditions and for the borings or other explorations of the 
site. The contractor should bid on guaranteed local conditions, with an 
increase or reduction of price for variations from these. The locality belongs 
to the owner, and the contractor should not be obliged to gamble on it. 

"10. The principle also requires that a contract should not both provide 
the exact details of construction and guarantee the result. If the con- 
tractor is to do the work according to exact plans furnished him by the 
owner, the owner should take the responsibility for the result. If the con- 
tractor guarantees the result, he should be free to adopt his own methods 
of construction. 

"11. The contractor, especially when bound by a time limit, should 
be given the utmost freedom as to the order and manner of doing the 
prescribed work. 

"12. Definite provision should be made for the assertion, in writing, 
of demands made by either party varying from the normal contract price. 
The contractor should give prompt notice of a claim for extras and the 
owner of a claim for a decrease or for the assessment of damages. 

"13. Some rule should be prescribed for the owner's protection in case 
of delay on the contractor's part, either by a right to annul the contract 
or to take over the work, in whole or in part, or to deduct actual or liquidated 
damages. The subject is one of great difficulty and needs most careful 
consideration. 

"14. The contractor should be protected from loss by delay of the owner 
or the owner's other contractors, and provision made for settling such losses 
without suit where possible. 

"15. What is the proper amount of retained percentages? What should 
be the maximum part of the contract price to be retained until final 
payment? Differences of opinion should be adjusted and a uniform rule 
adopted. 



1 ] Notes on Contracts and Specifications 

"16. Material men insist that the contract bond should provide for pay- 
ment for materials and labor. This leads to greater security to the material 
men and consequently lower prices. But it is an unnecessary cost to con- 
tractors of established credit. This subject needs the views of both sides. 

"17. Some contractors and engineers maintain that the contract condi- 
tions should be as brief as possible. Your committee believes that all sub- 
jects which experience has shown may produce conflict should be definitely 
disposed of by the provisions fixed in the contract, even if this extends its 
length. 

"18. After every effort has been made to avoid all uncertainty in the 
contract and to settle all disputes as they arise, some honest differences of 
opinion as to the rights of the parties may persist to the end of the con- 
tract. The final settlement of uncontested matters should be made without 
prejudice to the right of the contractor to recover disputed claims in 
the courts. It has, unfortunately, become too common to declare that on 
final payment the contractor shall sign a release of all claims arising 
out of the contract. This is a one-sided and dishonest provision. When 
payment is earned by a fulfillment of the contract, it ought not to be denied 
because the contractor believes that he is entitled to more, nor should he 
"be forced by necessity to waive access to the courts to correct wrongs done 
him in the course of his contract." 

The report further referred to various forms of contract drawn by 
definite authorities, including the Royal Institute of British Architects 
and the American Institute of Architects, commending these forms in 
many respects, but added : 

"One general remark may be m^ade in regard to nearly all such forms — 
that they have been generally prepared by persons representing owners, such 
as architects and engineers, and that, however fair their intention, the 
inevitable tendency has been to protect the owner's rights at the cost of the 
the contractor's." 

§ 7. Further Suggestions. — In 1904 various engineers, manu- 
facturers, contractors and material men, met in Gulfport. Mississippi, 
to organize the American Public Works Association, and among other 
things adopted the follow^ing as the basis which in their opinion should 
imderlie the making of public contracts : 

"1. When state or municipal statutes conflict with association rules 
the latter shall be waived. 

"2. When work is done on a percentage basis, security should be given 
to guarantee estimate and faithful performance of the work. 

"3. Designing engineer shall not compete for work advertised to be 
let under his plans and specifications. 

"4. No bids shall be asked until money to pay for the work has been 
provided. 

"5. Bids shall be opened and read in public. 



Works Constructed Under Contract 1 1 1 

^'6. No bids shall be submitted after time named in advertisement. 

"7. No bids shall be withdrawn after time set for opening of bids. 

"8. Illegibility, or ambiguity, shall invalidate a bid. 

"9. Bidders shall not be permitted to change prices stated in bid. 

"10. Bids shall state specifically, make of apparatus or machinery pro- 
posed, and same shall be specified in contract. 

"11. When all bids are rejected new bids shall not be made on the 
.same specifications without readvertising. 

"12. The amount of certified check required shall be stated in ad- 
vertisement calling for bids. 

"13. Bid bonds may be substituted for certified checks. 

"14. Checks or bid bonds shall be returned to all but successful bidder 
as soon as award of contract is made. 

"15. Award of contract shall be made within thirty days after bids 
have been opened or checks returned to bidders. 

"16. Bond shall not exceed 25 per cent of contract price. 

"17. Twenty days shall be allowed contractor in which to furnish a 
satisfactory bond. 

"18. In event of discrepancies between the drawings and specifications 
decision of the engineer shall be final. 

"19. All instructions regarding work shall be given by the engineer or 
his assistants. 

"20. Extra work shall only be done on written order of engineer when 
authorized by contractee at a price to be agreed upon. 

"21. In deducting material not required only the value of same shall be 
•deducted. 

"22. Changes in construction shall not be made to lessen quantities of 
material in transit or in process of manufacture unless contractor be paid 
for all actual loss occasioned. 

"23. When a specific make of machinery or apparatus is specified in 
contract same shall be furnished in accordance with manufacturer's plans 
and specifications submitted with bid. 

"24. Engineer or his authorized assistants shall at all times have access 
to the work and materials for purpose of inspection, and have notice of con- 
cealed work before it is covered. 

"25. In event of emergency work contractor shall notify engineer and 
engineer shall furnish inspector. 

"26. Work done in regular progress of the contract and ordered torn 
■down for purpose of inspection, if found to be in accordance with the speci- 
fications, shall be at the cost of contractee. 

"27. Engineer shall give written notice to contractor when work or ma- 
terial has been rejected. 

"28. Monthly estimate shall be made on or before the fifth day of each 
month. 

"29. Monthly estimate shall be based on the contract price and shall 
include all material delivered and labor performed. 



1 1 2 Notes on Contracts and Specifications 

"30. Ten per cent of monthly estimate shall be retained by contractee- 
until work is completed. 

"31. Time shall be allowed contractor for delay caused by strikes, acci-^ 
dents or other causes beyond his control. 

"32. When work is completed engineer shall accept or reject same within 
a reasonable time. 

"33. Contractor is released from all future responsibility when con- 
tractee takes possession of plant, whether settlement has been made or not,, 
unless otherwise agreed." 

§ 8. Rights of the Contractor. — The suggestions made in the 
previous section, representing the point of view of the contractor in 
regard to the principles that should be observed in the preparation and 
in the letting of contracts for public works, should receive due consid- 
eration by engineers and others who are connected with such work. It 
would seem to all who are familiar with contracts for public works 
that much injustice is commonly imposed on contractors by the forms 
of contracts ordinarily prepared. It is often unconsciously assumed 
that the only one to be considered in the preparation of a contract is 
the public or owner, and that the engineer must guard their interest in 
every way, with just as little thought for the interests of the party of 
the second part, who must take up the real burden of practical construe 
tion, as is possible without driving contractors from the field. 

These unjust covenants have been used so long in the making of 
contracts that they are copied, rewritten and strengthened, frequently 
without realization of the fundamental inequity involved, and with a 
strong conviction that they are essential to properly protect the public 
or the owners, and sometimes perhaps to show that the engineer or 
attorney has the welfare of his client properly conserved. 

It is true that the party letting the work may word the contract 
as he will, and that any injustice he may desire to inflict, if within the 
law, may be included if contractors can be found to accept such a con- 
tract. Unjust provisions commonly and rightfully add to the cost of 
the work and the owner is often unduly taxed for unfair and unneces- 
sary requirements inserted in the contract by the engineer or attorney,, 
which add nothing to the owner's protection or to the value of the 
work. 

While it is true that contractors may exercise their option as to 
whether or not they will stibmit bids at a ptiblic letting, it is also true 
that with large overhead expenses for eqtiipment, plant and permanent 
staf¥, they are frequently, for financial reasons, practically forced to 



Works Constructed Under Contract 1 1 3 

submit to arbitrary and unjust exactions rather than to remain idle. 
They are therefore not altogether free agents in these matters. 

Honest contractors frequently complain that contractors as a class 
are regarded as dishonest and unscrupulous, especially by the young 
and inexperienced, and that unjust contracts are the result of this false 
conception. This is possibly true, and if so is unfortunate; but every 
experienced man, whether engineer or contractor, knows that there 
are men in every walk of life, in every business and in every profes- 
sion who are bound only by their legal obligations and give little or no 
thought to ethical and moral obligations. There are unfortunately 
others who will go even further than this, and who will pursue dis- 
honest and illegal methods of securing business advantages, even with 
the chances of serious legal punishment. 

Connected with engineering and architectural works are not only 
the engineer and contractor, but the client, owner, inspector, the me-* 
chanic and laborer, and in public work, the politician and sometimes 
many undesirable characters who draw their living from the public 
purse. 

All classes of men possess quite similar characteristics ; some of 
every class possess honor, integrity, experience and ability, while oth- 
ers are dishonest, inexperienced and incompetent. Some are depend- 
able, some tricky, and these characteristics are possessed in various 
degrees and are manifested in various ways. No business or profes- 
sion has a monopoly on either the desirable or the undesirable traits, 
and the men who follow the engineering profession and the business 
of contracting are no exception to the rule. 

The men who contract for engineering and architectural works 
are, as a class, men of experience and ability whose close contact with 
the details of construction has given them usually a more exact and 
more definite knowledge of means and methods than that possessed by 
the engineer. As they usually devote their time to some particular 
line of work, they frequently become specialists whose services can be 
utilized to great advantage. There are also others, novices in the busi- 
ness, sometimes ignorant and uninformed, who desire to enter the con- 
tracting field, ready to assume any risk for the purpose of experience 
and possible profit. 

The actions of men are not only modified by their experience and 
integrity, but their point of view is also frequently modified by condi- 
tions which play an important part in their action. The contractor who 



1 1 4 Notes on Contracts and Specifications 

has secured and is carrying out a profitable contract may act in a very 
different manner when he has undertaken a losing contract. In the 
first case he may be generous, obliging and conscientious ; in the latter 
case, close technical and perhaps more or less unjust and possibly un- 
scrupulous. The desire to protect himself from losses more or less 
serious, may make an entire change in his feelings, actions, and point 
of view. 

The engineer whose plans and specifications are well prepared and 
complete, who has fully covered all emergencies in the plans and con- 
tract provisions he has prepared, may be fair, just and considerate. If 
his plans or specifications are in error or incomplete and his reputation 
for ability is at stake, he may become unfair and unjust and may be 
willing to sacrifice others financially to protect himself and cover up his 
mistakes. 

It is the common assumption in most contracts that the engineer 
is the arbiter who stands between the two parties to the contract, and 
will adjust fairly and equitably all disputes which may arise in the 
premises. This assumption may be made a legal obligation when 
agreed to by both parties, and will be maintained by the courts within 
rather wide limits if this function is exercised with reasonably good 
faith. 

That the engineer is a disinterested party from whom perfect jus- 
tice can be expected under all conditions is, to a considerable extent, a 
legal fiction. All men are prejudiced by their relations and consequent 
point of view, regardless of their personal inclination and desire to ren- 
der substantial justice. No engineer employed by an owner, in con- 
stant communication with him and acting as his personal agent in deal- 
ings with the contractor, can have a perfectly unbiased view point in 
regard to the questions which arise and which he is required to arbi- 
trate and decide, especially if such matters are largely discretionary 
and rest purely on judgment. Usually the very points to be decided 
are raised between the contractor and the engineer before his clients 
know that any difference actually exists, and the engineer is commonly 
too close to the work to always obtain a proper perspective concerning 
the questions at issue. The different points of view frequently give 
rise to perfectly honest differences in opinion between the engineer 
and contractor, and frequently involve unfriendly relations which color 
every question which may arise. Tlie whole question becomes quite a 
different one if judgment and discussions are eliminated and the con- 



Works Constructed Under Contract 1 1 5 

trol of the engineer is confined to technical findings which are based 
on comprehensive plans and explicit contracts and are susceptible of 
only one interpretation. 

With these conditions in view, it is folly to assume that depend- 
ence can be placed on the good faith of the parties to any considerable 
extent in the making of contracts. It is desirable in all business afifairs 
to avoid relations with men who are lacking in ethical and moral prin- 
ciples, and especially those who are unquestionably dishonest in their 
dealings. The possession or lack of these qualities is seldom obvious, 
and it is quite impossible to avoid all business relations with all parties 
having objectionable tendencies. Good faith and confidence should 
have little place in the preparation of a contract, but justice and equity 
shoidd be its foundation. Neither party to the contract should be com- 
pelled to depend on the good faith of the other or of the engineer tu 
any greater degree than is absolutely necessary. This requires that 
the contract be clear, explicit, definite, exact, complete and fair, and 
that every doubtful question should be eliminated, so far as possible. 

§ g. The Arbitration of Disputes. — The engineer and architect 
must always exercise certain judicial functions in the interpretation of 
the covenants of a contract in order that the work may promptly pro- 
ceed without needless delays for adjustment and litigation. These 
points, where these functions must be exercised should, however, be 
reduced to a minimum by the completeness of the plans and the defin- 
iteness of the specifications. Matters of engineering judgment must 
be left to the engineer. He is the proper person to determine whether 
the contractor has furnished proper material and has done proper work 
under the terms of the contract ; but even this judgment requires the ex- 
ercise of technical knowledge, fairness and common sense. The neces- 
sity for the exercise of judicial functions in the legal sense of the term, 
should be eliminated as far as practicable. The engineer should be em- 
powered to make decisions which will permit the expeditious comple- 
tion of the work, but such decisions should be subject to appeal, to 
expert arbitration or to court review. Some advance toward this end 
has been made in England. The Council of the Institution of Mu- 
nicipal and County Engineers, at the request of The National Federa- 
tion of Building Trades Employers of Great Britain, has recommended 
the use of the following clauses by the members : 

"In case any dispute or difference shall arise between the Council, or 
the engineer on their behalf, and the contractor, either during the progress 



] 1 6 Notes on Contracts and Specifications 

of the works or after the determination, abandonment, or breach of the con- 
tract, 

"(1) As to the construction of the contract, 

"(2) Or as to any matter or thing arising thereunder; 

"[Except as to the matters referred to in the undermentioned clauses 
*a to . . .', all of which shall be left to the sole discretion or decision of the 
engineer, viz.: — 

"(a) As to the provision of everything necessary for the proper execu- 
tion of the works, etc. 

"(&) As to the amendment of errors arising from inaccurate setting 
out of works. 

"(c) As to the quality of materials and workmanship. 

"(d) As to the competency of the general foreman on the works. 

"(e) As to the competency or conduct of any person employed on the 
works by the contractor. 

"(/) As to the measurement and valuation of extra work and variations, 
or the mode of ascertaining the amount to be allowed for extra work and 
variations. 

"((7) As to the rejection and removal of work and materials not v in 
accordance with the specification or the instructions of the engineer, and the 
substitution of other work and materials therefor, and all other matters 
referred to in this clause. 

"(h) As to defects or faults which may appear in the works after com- 
pletion. 

" (i) As to the opening of work for inspection. 

"(;■) As to the date when the works are completed. 

"(k) As to the execution of works having been delayed by inclement 
weather and other causes. 

"(0 As to the carrying on of the works with due diligence, etc., etc. 

"(m) As to the expenditure of provisional sums. 

"(n) As to the issuing of certificates relating to payments to the con- 
tractor. 

"Also, except as to the matters referred to in the under-mentioned clauses 
numbered *A to . . .', all which shall be left to the sole discretion or deci- 
sion of the council: — 

'*(A) As to the assignment or sub-letting of any portion of the 
works. 

"(B) As to the determination of the contract by the council.]" 

"These are intended as illustrations of the matters which engineers may 
wish to deal with themselves, or may wish their councils to deal with, in- 
stead of allowing them to be submitted to arbitration. Each engineer can 
insert in this part of the clause whatever matter he desires to exclude from 
arbitration. 

"(3) Or as to the withholding by the engineer of any certificate to 
which the contractor may claim to be entitled, either party shall forthwith 
give to the other written notice of such dispute or difference, and such 



Works Constructed Under Contract 1 1 7 

dispute or difference shall be and is hereby referred to the arbitration and 
final decision of a person to be appointed, on the request of either party, 
by the president for the time being of the Institution of Municipal and 
County Engineers, and the award of such arbitration shall be fiinal and 
binding upon the parties. Such reference, except of the question of certificate, 
shall not be opened until after the completion, or alleged completion, of 
the works, unless with the written consent of the council, or the engineer, 
and the contractor. The arbitrator shall have power to open up, review, and 
revise any certificate, opinion, decision, requisition or notice, save in regard 
to the said matters in dispute which shall be submitted to him, and of which 
notice shall have been given as aforesaid, in the same manner as if no such 
certificate, opinion, decision, requisition or notice had been given. Upon 
every, or any such reference, the cost of and incidental to the reference and 
award respectively shall be in the discretion of the arbitrator, who may de- 
termine the amount thereof, or direct the same to be taxed as between solic- 
itor and client, or as between party and party, and shall direct by whom and 
in what manner the same shall be borne and paid. This submission shall be 
deemed to be a submission to arbitration within the meaning of the Arbitra- 
tion Act, 1899: 

"Provided always that this clause shall not apply to any contract, 
the total original amount, sum, or value of which, exclusive of any extras 
or additions, is less than one thousand pounds or to any difference -or dis- 
putes which in connection with any one contract shall involve a total amount, 
sum, or value of less than fifty pounds, in either of which two events all 
matters arising out of the contract and any difference or dispute shall be in 
the sole judgment and discretion of the engineer, whose decision shall be 
final and binding on all parties and without appeal." » 

§ 10. Progress of Arbitration. — The equity of including arbitra- 
tion clauses in construction contracts is becoming more widely recog- 
nized each year. The American Institute of Architects has for a num- 
ber of years stiggested a form of contract which in its later form 
(1915) at least provides for arbitration of all matters in dispute. A 
covenant for the arbitration of disputes was embodied in a unifonu 
building contract, adopted in 191 1 by a committee representing the 
Chicago Architects' Business Association, the Western Society of En- 
gineers, and several local associations of manufacturers and contractors 
in the building industry. This contract authorizes the architect to de- 
cide disputes between owners and contractors ; but provides that if 
either party dissent from this decision the matter must be submitted to 
a board of arbitration, two of whom shall represent the owner and con- 
tractor, respectively, and the third to be selected and named in the 
contract. 



9 Engineering Record, July 27, 1912, Vol. 66, p. 100. 



1 1 8 Notes on Contracts and Specifications 

The matter of including an arbitration clause in engineering con- 
tracts has received considerable discussion, and such clauses have been 
used in numerous cases. That this will be the general practice in the 
near future seems inevitable. Surely the engineering profession with 
its generally well established reputation for honesty and fairness will 
soon recognize the justice of such a provision and will welcome its 
adoption. From the individual standpoint, the relief from determining 
disputes on matters on which a personal bias must be recognized by 
every fair minded man, should be welcome, for such a provision can in 
no way be regarded as a reflection on the honor or competency of the 
engineer. 



CHAPTER IX 

ADVERTISING AND LETTING CONTRACT 

§ I. Purpose of Advertisement. — The preparation of the ad- 
vcrtisment and the instruction to bidd.crs presupposes that the preHm- 
Hminary work of preparing plans, contracts and specifications are es- 
sentially completed and that the work is ready to be let. 

The purpose of the advertisement is to bring the proposed letting 
to the notice of manufacturers, contractors or others who may be in- 
terested in such work in order that suitable competition may be se- 
cured. 

The medium for advertising should be selected with due regard to 
the persons whom it is desired to reach, although the manner and ex- 
tent of advertising will always be controlled by legal requirements in the 
case of public contract. 

In work where only local competition is desired, the local paper 
having the widest circulation among the particular class of contractors 
desired, should be selected. In works of any magnitude, especially 
when proposed for small cities, advertisements should be inserted in 
the engineering and contracting papers of the country, having wide cir- 
culation among the contractors whom it is desirable to reach. 

On account of the expenses of advertising, an advertisement is 
usually confined to only such general information as wilh enable a con- 
tractor to determine whether or not he desires to undertake the work. 

Engineers in charge of large works, either public or private, 
usually send copies of the advertisement directly to all responsible 
and desirable contractors in order that the letting may be brought di- 
rectly and quickly to their attention. For public work a list of all 
contractors interested in the work to be let is usually kept on file and 
the advertisement is sent to all who have applied. In letting private 
work it is quite usual to omit the public advertising entirely and con- 
fine the notices to reliable contractors especially equipped with plant 
or experience for the work to be let. Such a procedure would be en- 
tirely illegal for public work, as the advertisement, the public letting 
and certain other formalities are provisions made and necessary to 
guard against fraud in public contracts. 



120 



Notes on Contracts and Specifications 



§ 2. Nature of Advertisement. — The advertisement should 
clearly state what is to be done. It should explain where, when, by 
whom and for what proposals are to be received. The advertisement 
is intended to call the attention of interested parties to the fact that 
certain work is to be let under contract, and should include such infor- 
mation concerning the extent and character of the work to be done as 
will allow them to judge whether they wish to examine further into 
the matter, with the intention of bidding on the same. 

The advertisement should be clear and concise in its statements. 
The matter which it should contain will depend somewhat on the char- 
acter and extent of the work and whether the bidders expected are 
local men or men from distant cities. 

The advertisement should be published not only in the usual way, 
but should be printed on slips and attached to the specifications or be 
printed on the specifications, so that all who secure them will also se- 
cure a copy of the advertisement, as it should form a part of the com- 
pleted papers. Bidders on work have certain moral and legal rights 
which are to an extent established by the advertisement. 

The advertisement should not be published until the work has 
been duly authorized, the preliminary investigations made, the design, 
contract, and specifications completed, and the financial arrangements 
made, and the performance on the part of the owner or public assured. 
Municipalities and private parties have not been altogether scrupulous 
in conserving the rights of bidders. Sometimes advertisements have 
been issued which have caused contractors to go to considerable ex- 
pense in their preparations for bidding, only to find after such ex- 
penses have been incurred, that the letting has been abandoned on ac- 
count of unforeseen difficulties or failure to finance the project. In 
one such case twenty-six contractors were called from all parts of the 
United States to one of the states west of the Missouri for the pur- 
pose of bidding on a large municipal sewer contract. When they ar- 
rived they found that an election was to be held on the day that bids 
were to be received to determine whether or not the city should issue 
bonds for the proposed improvements. Bids were to be deposited by 
four o'clock and the result of the election could not be known until late 
in the evening. The bonds failed to carry by a vote of two to one. 
Even under these circumstances the mayor proposed to open bids ''to 
see how the bids compared with the engineer's estimate." He was 
prevented only by strenuous objection on the part of a number of the 



Advertising and Letting Contract 1 2 1 

contractors. Some of the contractors had come 'from points as dis- 
tant as Washington, D. C, and the average expense was probably 
at least $500. The municipality by its inconsiderate action, occasioned 
a needless expense of about $13,000 to the contractors who had been 
asked to bid on the work. Whether or not there was any legal re- 
course may be questioned, but the difficulties and expense involved in 
legal proceedings were so great that no attempt was made to secure 
legal redress. The moral iniquity involved in such a procedure needs 
no comment ; it probably resulted more from thoughtlessness than 
from any vicious intent, but the result was the same. Such occur- 
rences, either parallel or similar in their nature, are not altogether un- 
usual. The engineer in charge of the work is commonly blamed when 
such a condition results and he should endeavor to prevent their oc- 
currence, both from his appreciation of fair play and for the sake of his 
reputation. 

§ 3. Analysis of Advertisement. — On any work where bidders 
are expected to come from a considerable distance, the advertisement 
for proposals should contain the following information : 

Outlirw of Advertisement 

1. By whom bids will be received. 

2. Where received. 

3. When received. 

4. Nature of work or material to be furnished. 

5. Location of work. 

6. Amount of work or material to be furnished. 

7. When contract is to be begun and when finished. 

8. Where plans may be seen or obtained. 

9. Where specifications may be seen or obtained. 

10. What security will be required with proposal. (If resident 
bondsmen are required, it should be stated.) 

11. What bond will be required with contract. (If resident bonds- 
men are required, it should be stated.) 

12. When proposals will be opened. 

13. When contract will be awarded. 

14. Other information of interest or importance to nonresident 
bidders. 

15. From whom general information may be obtained. 



1 22 Notes on Contracts and Specifications 

i6. Reservation of rights to reject any or all bids, or to waive in- 
formalties. 

17. Official signatures of officers letting work or receiving bids. 

These matters will be discussed in detail under the heading In- 
struction to Bidders of which they are a part or to which they are 
usually appended. 

§ 4. Formalities. — As previously noted various formalities in 
regard to the letting of contracts for public works have been made 
mandatory by legislation in order to assure, to as great an extent as 
possible, the elimination of fraud in such lettings. Certain advertising 
must be done to a certain extent and in a certain manner in order to 
assure a due knowledge of the letting to all who may be interested and 
sufficient time for the preparation of proposals. Proposals must be 
submitted and received only at a certain definite time, in order that no 
single bidder shall have undue advantage. These bids are either to be 
opened at once^ or are to remain sealed until opened and publicly re,ad, 
in order that the bidders and the public may know the prices made by 
each contractor and the lowest bidder. It is usually provided, so far as 
practicable, that the work shall be let to the lowest bidder, although of 
necessity the questions of responsibility and experience must receive due 
consideration in order that the lowest and best bid may be determined. 

Collusion between public officials and contractors is made possible 
by avoiding public advertising or by so limiting the time after the ad- 
vertisement is published, that undesired competitors cannot submit in- 
telligent and safe bids. It is also accomplished through inexact, inde- 
terminate, unfair and arbitrary specifications containing numerous 
doubtful clauses that are left to the decision or discretion of the en- 
gineer. By such means the expense to a favored contractor may be 
greatly reduced while an unfavored contractor may be put to large ex- 
pense. Hence, at the letting the favored contractor, knowing he will 
get unfair protection, can safely make a low bid and secure the work. 
While indefinite specifications are frequently due to ignorance and are 
not always written with this end in view, their presence always gives 
an impression of either ignorance or dishonest interest, and they should 
be studiously avoided. 

To avoid even the appearance of evil the engineer should ar- 
range and conduct the letting of public work in a way that will elimi- 
nate as far as practicable all possibilities of unfairness or favoritism. 

In private contracts, only such formalities as may seem desirable 
are adopted, but the elements of fairness are the same. Parties who 



Advertising and Letting Contract 1 23 

will not be considered should not be permitted to bid and when bids 
are requested from any contractor or manufacturer, he is entitled to 
fair treatment. 

§ 5. Time Allowed. — Ample time should be allowed, from the 
time of advertising to the time at which proposals are to be received 
for the bidders to make necessary investigation on which to submit 
an intelligent proposal. The time necessary will depend on the ac- 
cessibihty of the work and on its character and extent. The bidders 
must have sufficient time to examine the necessary data and to secure 
information concerning prices of material and labor and to make such 
preliminary studies of the methods and plant needed in the construc- 
tion, and for such financial arrangement, capital, bond, etc., as condi- 
tions may require. There is usually a tendency on the part of the of- 
ficials of municipalities and private companies to unduly shorten 
the time allowed for these purposes, but the engineer must impress 
upon his client or employer the disadvantages of such a course. Un- 
less ample time is given to determine all of the factors which will af- 
fect the cost of the proposed construction, the doubt and the uncer- 
tainties involved will increase the prices bid and the cost of the 
proposed work. Every uncertainty leads to the same result, and it 
is just as important to allow proper time for the examination by con- 
tractors as to provide plans and specifications which are clear and ex- 
plicit. 

§ 6. Form of Proposal. — The proposal may either be a printed 
form or it may be left for the bidder to make out in the form of a writ- 
ten communication. It will depend on the amount and character of 
the work as to which is preferable. When the work is simple and the 
bid is a ''lump sum" for the entire work, a special form is not essential 
although even then it adds greatly to the facility with which bids may 
be examined and compared. When there are a number of items for 
which proposals are desired, a form for the proposal becomes essen- 
tial in order to assure a fair comparison. Such a form properly pre- 
pared insures uniformity in the bids submitted so that they may be di- 
rectly compared on the basis of price, as such forms are usually so 
made that the bidder has only to fill out the blanks left for prices in 
statements which have been framed by the engineer, and which cor- 
respond with the terms used in the specifications. All unaltered bids 
can hence be readily compared, and it is usually provided that such 
forms must be used unaltered and that changes, modifications or ad- 



124 Notes on Contracts and Specifications 

ditions will cause the bid to be rejected. Where work is of a na- 
ture that such form is possible the question of price only remains to 
be decided, at least among bidders of equal responsibility. Under 
conditions where different machinery or supplies are to be furnished 
the difference in price bid does not furnish such an obvious means of 
comparison, as quality and detail become important, and these, together 
with experience, responsibility and prices bid, must be considered and 
a decision reached which must depend on the judgment of the officials 
letting the work. 

The blank form of proposal is sometimes bound with the specifi- 
cations and is sometimes a separate instrument. In the latter case it 
should refer to the specifications as filed at the place mentioned in the 
advertisement. 

Certain declarations that 

(a) "The bidder has carefully examined the location, plans and 
specifications," and 

(b) *'The bid has been made without collusion or fraud," are 
commonly embodied in the form of proposal. They have little legal 
significance, but serve only as a warning. 

Clauses covering the following matters should also be included : 

(c) The agreed date of beginning and completion. 

(d) Stating the character and amount of security submitted with 
the bid and agreeing to forfeit the same if the bid is accepted and the 
bidder fails to enter the contract as agreed. 

(e) An agreement to furnish security and a statement as to the 
character of the same. 

(/) The names of subcontractors, when parts of the work are to 
be sublet to other contractors or manufacturers, and finally 

(g) The signature of principals, their place of business and the 
signature of witnesses or an acknowledgment if required. 

The following examples will show the usual features of these 
forms. 

Example A. 

PROPOSAL 

TO THE BOARD OF PARK COMMISSIONERS OF THE CITY OF BOSTON FOR 
BUILDING ABUTMENTS AND WING-WALLS FOR A BRIDGE AT WOOD 
ISLAND PARK, EAST BOSTON. 

The undersigned hereby declare that — he ha — carefully examined the 
annexed form of contract and specifications, and will provide all necessary 



Advertising and Letting Contract 1 25 

machinery, tools, apparatus, and other means for construction, and do all 
the work, and furnish all the materials called for by said contract and speci- 
fications in, the manner prescribed by the contract and the specifications, 

and the requirements under them of the Engineer, for the sum of 

($ ). 

Accompanying this proposal is a certified check for the sum of one thou- 
sand dollars, as called for in the foregoing advertisement. 

No member of the City Council, and no person in any office or employ- 
ment of the City of Boston, is directly or indirectly interested in this pro- 
posal, or in any contract which may be made under it, or in expected profits 
to arise therefrom; and this proposal is made in good faith, without collu- 
sion or connection with any other person bidding for the same work. 

Name 



Address 

Example B. 

PROPOSAL 

Made by , residing in , (date) 



do hereby declare that , the only person interested 

in this proposal, and that no other person than the person — herein named, 
has any interest in this proposal, or in the contract proposed to be taken; 
that it is made without any connection with any other person or persons 
making proposals for the same work, and that it is in all respects fair and 
without collusion or fraud. 

And further declare that have carefully examined the proposed 

location of said work, and the annexed specification and form of contract, 
and the plans now on file in the City Engineer's office, and that will con- 
tract to do the work and furnish the material called for by the annexed notice 
to Contractors, and the annexed contract and specifications in the manner and 
on the conditions required, upon the following terms: 

Price Bid 
Per 
Lineal 
In From To Foot 

1. Oak Street Watch Fac'y Sewer Main Street 

2. Main Street Oak Street Grove Street 

3. Grove Street Main Street First Street 

4. Grove Street First Street Second Street 

5. Grove Street Second Street Third Street 

6. Grove Street Third Street Fourth Street 

7. Grove Street Fourth Street Kishwaukee St 

8. Main Street Grove Street, South End of Lateral 

9. First Street Grove Street, North End of Lateral 

10. First Street Grove Street, South End of Lateral 

11. Second Street Grove Street, North End of Lateral 



1 26 Notes on Contracts and Specifications 

12. Second Street Grove Street, South End of Lateral 

13. Third Street Grove Street, North End of Lateral 

14. Third Street Grove Street, South End of Lateral, 

15. Fourth Street Grove Street, North Oak Street 

16. Fourth Street Grove Street, South End of Lateral. 

17. Oak Street Fourth Street End of Lateral. 

18. Kishwaukee Street. Grove Street, North End of Lateral. 

19. Kishwaukee Street. . Grove Street, South End of Lateral. 



Extra Price Bid 

For each Y connection on 12-inch sewer 

For each Y conriection on 10-inch sewer 

For each Y connection on 8-inch sewer 

For each Equalizer 

For each Lamphole 

For each Catchbasin 

For each Manhole 

The prices named above are to include the cost of doing all other work 
required by the specifications or appertaining thereto. 

The undersigned agree to begin work within thirty days after signing 
a contract and to complete the required work within six months thereafter. 

submit a certification for $3,500, which agree — to forfeit should 

the work be awarded to , in accordance with the plans and specifications 

and should fail or refuse to enter into the contract with security as 

specified. We propose to furnish the Surety Company as our bonds- 
men. The sewer pipe and specials to be furnished under this contract will 

be those manufactured by the of , . 

Respectfully submitted. 

Name 

Address 



§ 7. Receiving and Opening Bids.— In public lettings, bids 
should be received up to a given hour, and any bids which are offered 
after that hour should be rigidly excluded. Such a provision may at 
first seem arbitrary and unnecessary, but bids are sometimes delayed 
for fraudulent purposes. If an extension of five minutes is allowed, 
why not an hour, during which time other bids might be opened and 
the figures furnished to the late bidder ? An absolute and definite time 
requirement seems, therefore, essential. 

Bids shotild be sealed and should have the name and address of 
the bidder on the envelope in order that they may be retiu-ned unopened 
if such necessity should arise. In cases where many contracts are 
being let or when proposals are being received for a ntmiber of sep- 



I 



Advertising and Letting Contract 1 27 

arate contracts, the title of the work for which the proposal is sub- 
mitted should also be endorsed on the face of the envelope, in order 
that the bids may be sorted and arranged. 

The bids should be immediately opened and publicly read in the 
presence of the bidders and others interested. If held for even a few 
hours before opening, there is always a possibility of fraud. This pos- 
sibility is reduced to a minimum when they are immediately opened and 
immediately read in public. 

If time is essential to tabulate the bids, then the time of opening 
the bids should be made early enough to permit of such tabulation be- 
fore the meeting of the legislative body who are to make a final award. 

§ 8. Letting the Work. — In the letting of v^ork, various con- 
siderations may influence those who have the matter in charge. The 
lowest and best bid should always be selected. In many cases the 
right decision is obvious, but the question may arise as to what con- 
stitutes the best bid. Differences in opinion may honestly arise from 
difference of experience, concerning men, methods and the weight to 
be given to various factors. Familiarity with a particular contractor 
may impress the individual favorably or unfavorably as the case may 
be, and fortunate or unfortunate experience with a certain material 
or machine may create an unfair judgment concerning the same, when 
it is compared with another similar material or machine, which the 
actual conditions do not warrant. Personal prejudice is an important 
factor in judgment which the engineer should endeavor to eliminate 
from his own decisions. 

The following factors, with the exception of items "C" and "D,'' 
may be legitimate influences in the letting of a contract.^ Factor ''C" 
is evidently corrupt while "D'' is due to personal prejudice: 
In General. 

A. Price. 

B. Experience and Responsibility. 

C. Politics. 

Graft. 
Friendship. 
Reciprocity. 
In selecting materials, supplies, etc., the following factors also en- 
ter: 

D. Fashion. 



1 Suggestion taken with alterations from Power, Feb., 1905, p. 112. 



128 



Notes on Contracts and Specifications 



E. Appearance. 

Symmetry. 
Finish. 
In selecting machinery the following may also apply : 

F. Reputation. 

Of ^Manufacturer. 
Financial. 
Dependability. 
For Efficiency. 
As a machine. 
Capacity. 
Safety. 
Simplicity. 
Regulation. 
Design. 

Accessibility. 

Adjustability. 

^laterials. 

Dimensions. 

Accessories. 
A\'orkmanship. 

G. Delivery. 

Promised. 

Distance of shipment. 

§ 9. Instructions to Bidders. — The instructions to bidders sup- 
plement the advertisement and should contain the directions for the 
preparation of proposals and prescribe such formalities as may be re- 
quired in their presentation. The instructions will vary in their re- 
quirements with the degree of formality with which it is desirable to 
conduct the letting. The more complete the plans and the more defi- 
nite the specifications, the more rigid can the instructions to bidders 
be made with security to all parties. It is sometimes necessary to re- 
ceive bids on items such as machines, supplies, etc., where it is unde- 
sirable or impossible to furnish specifications in detail. In such cases, 
the instructions cannot be as formal as when specifications are com- 
plete. The instructions should be as complete as necessary for each 
particular case, and should explicitly state everything required for the 
submission of a formal proposal. Clearness in these instructions will 



Advertising and Letting Contract 1 29 

save much explanation and consequent loss of time. Too great for- 
mality should be avoided in any case. 

"Instructions to Bidders" still further establishes the legal and 
moral rights of those bidding on the work. 

If the advertisement is not made a part of the forms, the instruc- 
tions to bidders should include all matter included in the advertisement. 

The instructions are usually arranged in about the following or- 
der : 

A. General notice, including time of receiving bids and general 

character of the work. 

B. How sealed, and to whom delivered 

C. Formalities required in proposals. 

D. Manner of stating prices. 

E. Estimates. 

F. Where information can be obtained. 

G. Reservation to alter amounts of work. 

H. Reservation as to amount of work let under single contract. 

/. Reservations as to time of beginning and completion. 

/. Reasons for rejection of bids. 

K. Security to be required with bid and with contract. 

L. Miscellaneous requirements. 

§ 10. Details of Instructions. 

A. General Notice — Receiving Bids, etc. 

(a) "Sealed bids for the work above named, endorsed with the 

title ,. . . . and also with the name of the person or persons 

making the same, will be received at the office of until 

at .... o'clock . . M., at which time the bids will be opened by the 

and publicly read, after which the contract will be 

awarded." 

For the last clause in the above, one of the following is sometimes 
substituted : 

{b) "After which the bids will be referred to the engineer (or 
other officer) for recommendations.^' 

{c) "The contract will probably be let at the regular (or special) 
meeting of the on at o'clock . . M." 

{d) "After which the bids will be considered and the award made 
as early as practicable." 



1 30 Notes on Contracts and Specifications 

B. Proposals — Hozv Seakd and to Whom Delivered. 

(a) 'Troposals must be inclosed in a sealed envelope and ad- 
dressed to , and further indorsed with the title 



(b) "Each bid must be inclosed in a sealed envelope, and deliv- 
ered to the ; and in the presence of the person offering 

the bid, it will be deposited in a sealed box provided for that purpose." 

C. Formalities Required in Proposals. 

(a) "N. B. Bidders are warned that all bids which are deficient 
in either of the following requirements may be rejected as informal." 
(Formalities adopted are here added.) 

(b) "No bids will be received if detached from the package in 
which it is bound; nor must any of the accompanying papers be de- 
tached therefrom, but the entire package must be unbroken and in 
good order when the bid is deposited." 

(c) The bids must conform to the printed forms, in order that 
a fair comparison may be made of all. Any deviation,' from said 
forms by omission of prices, or the insertion of written additions by 
the bidders, will invalidate the bid. Such addition will ensure the re- 
jection of the bids. All bids must be full in every particular." 

(d) "The bids must be made upon blanks furnished by the 

or their authorized engineers." 

(e) "No change will be made in the form of the bids nor must 
any additional modifications or any form of specification be annexed." 

(f) "Each bidder must sign the plans in the office of the city 
enginer, upon which his bid is based, and the date of such signing 
must precede the date of opening the bids." 

(g) "When a firm is a bidder the member of the firm who signs 
the firm name to the proposal should state, in addition, the name of all 
individuals composing the firm." 

(h) "Each bidder is required to state in his proposal his name 
and place of residence ; the names of all parties interested with him ; 
and if no other person be so interested, he shall distinctly state the 
fact ; also that it is made without connection with any other person 
making any proposal for the above work ; and that it is in all respects 
fair, and without collusion or fraud." 

(i) "If any bidder wishes to withdraw his proposal he may do so 
before the time fixed for the opening, by mentioning his purpose to 



Advertising and Letting Contract 1 3 1 

, and when his proposal is reached, it will be returned 

unread." 

(;■) "Permission will not be given for the withdrawal of any pro- 
posal." 

D. Manner of Stating Prices. 

(a) "The prices must be written in the bid and also stated in 
figures ; and all proposals will be considered as informal which are not 
in conformity with this notice." 

(b) "Bidders will state the proposed price for each separate 
item of the work, by which the bids will be compared. These prices 
are to cover all the expenses incidental to the completion of the work, 
in full conformity with the specifications." 

(c) "These prices are to cover all the expenses of furnishing ma- 
terial other than that specified to be furnished by the city, and all tools 
and labor, in completing the work aforesaid in conformity to the con- 
tract and specifications prepared by the same." 

E. Estimate. 

(a) "The engineer's estimate of work and material by which the 
bids will be compared is as follows :" [The estimated quantities of ma- 
terial to be used and w^ork to be done should follow here.] 

F. Where Information Can Be Obtained. 

(a) "Bidders must get their information as to the local conditions 
of trade, labor, character of the soil, probable amount of ground water, 
rock, etc., from personal inquiry upon the ground. Such data will 
not be given at this office except that the records as to any sub-con- 
struction, etc., of which it has knowledge, w^ll be freely shown." 

(b) "On account of the character of the work, the above men- 
tioned quantities cannot be estimated in advance, with accuracy ; there- 
fore bidders are required to submit their bids upon the following ex- 
pressed conditions which shall apply to and become a part of every 
bid, viz. : That bidders have satisfied themselves by personal examina- 
tion of the location of the proposed work and by such other means as 
they may elect, as to the accuracy of the foregoing estimate of the en- 
gineer ; and that they will not, at any time after the submission of the 
bid, dispute or complain of such statements of the engineer; nor as- 
sert that there was any misunderstanding in regard to the nature, or 
amount of the work to be done." 



1 32 Notes on Contracts and Specifications 

G. Reservations of Rights to Alter Amount of Work, etc. 

(a) ''The right is reserved to increase or diminish in quantity as 

may be necessary in the judgment of the the variation 

from the estimate, however, not to exceed ten per cent." 

H. Reserz'ations as to Amount of Work Let in One Contract. 

(a) "The reserves the right to let the work as a whole or 

in parts. Contractors will state in their bids the least and greatest 
amounts of work for which their bids are made." 

{h) ''Bids will be considered for the entire work only." 

/. Reservation as to Time of Beginning and Completion. 

(a) ''Work must be begun on or before (or days 

after the completion of the contract) and must be completed by 

(or days after work is commenced.)" 

(b) "Bidders must state the length of time in which they will 
agree to do the work and such time will be regarded as a consideration 
in awarding the work and will be made an essential part of the con- 
tract with a proper forfeiture (or with a forfeiture of dollars 

per day) attached for its non-fulfillment." 

(c) ''The time allowed to complete the whole work will be 

days, as provided in the specifications." 

/. Rejection of Bids. 

(a) ''Reasonable grounds for supposing that any bidder is inter- 
ested in more than one bid will cause the rejection of all bids in which 
he is interested." 

(b) "The right is reserved to reject any or all bids, and to waive 
any informality in the bids received ; also to disregard the bid of any 
failing bidder or contractor, known as such." 

(c) "The bidder must satisfy of his ability to per- 
form the work for which he bids." 

(d) "The fact of any person or firm being in arrears to the citv of 

on debt or contract or in default as surety or othewise upon any 

obligation to the city, or who has failed in previous contracts to comply 
with the requirements or specifications of said contract, shall be deemed 
a sufficient cause for the rejection of his or their bid." 

K. Security zvith Bid. 
Normally a proposal is an offer that can be withdrawn or cancelled 
by formal notice at any time before formal acceptance. In order to 



Advertising and Letting Contract 133 

assure absence of fraud and the opportunity for the comparison of pro- 
posals, and to reserve the privilege of deliberation and the acceptance 
of the contract when duly awarded, a certified check or bond for a 
•specified amount is frequently required with proposals as a guarantee 
of good faith that if the contract is awarded to the bidder he will enter 
into a formal contract for the performance of the obligation for which 
the bid was made. 

In order to assure the validity of a forfeiture, on the refusal of 
the bidder to enter into the contract in accordance with his proposal 
after an award to him, it is desirable to require him to make a specific 
statement in the proposal that in case the award is made to him and he 
fails to enter the contract within a specified time, he shall forfeit the 
amount deposited (as a certified check or bond) as liquidated damages 
for such failure. If the instructions simply require a check for a stated 
amount to accompany the bid, such deposit may be regarded as a pen- 
alty which can be retained only to the extent of the actual damages 
sustained and proved in a court of law^- 

Such deposits may be required by law, and even when not so re- 
quired are a reasonable requirement which may be imposed if desired 
by the parties letting the work. Such requirement is especially de- 
sirable when work is advertised and the contractors who bid may or 
may not be responsible. 

To make such a forfeiture legally valid, the acceptance of the oflfer 
must be identical with the offer and no conditions more burdensome 
than those on which the offer was based can be imposed. In the ne- 
gotiations of a private company with selected responsible contractors 
or manufacturers for a contract for work, material or machinery, and 
especially where the letting is informal, such a deposit is not usually 
considered necessary and is seldom required. 

In fixing the amount of security required w^ith the proposal, due 
consideration should be given not to impose undue hardships on bid- 
ders.^ Sometimes the amount necessary is fixed by law as a given 
percentage of the total amount of the proposed contract. Sometimes 
such security is tied up for a long period, pending final award ; and if 
the amount is large, it may seriously tie up the capital or resources of 
the bidders who may have a number of such proposals out at one time. 

2 See Wait, Eng. & Arch. Jurisprudence, sec. 168, and Wait, Laws and Con- 
tracts, sees. 92-97. 

3 See Eng. News, Vol. 52, p. 152. 



1 34 Notes on Contracts and Specifications 

From the bidders standpoint, a "bid bond" from a security company is 
more satisfactory. In general, however, the certified check is more 
satisfactory to the owner as in case of forfeiture it is more readily 
collectable without litigation than a bond. 

(a) "Security to the amount of $ will be required with each 

proposal." 

(b) "A certified check for $ shall accompany each bid as 

a guarantee that the bidder if successful, will enter into contract for 
the construction of the work, which if he refuses to do, will be for- 
feited to the city as liquidated damages, on account of such refusal." 

(c) ''Each bid or estimate shall be accompanied by a certified 

check payable to . or by the signing in writing, of two 

freeholders of the city of with their respective places of busi- 
ness or residence, to the effect that if the contract be awarded to the 
person making the estimate, they will upon its being so awarded be- 
come bound as sureties for its faithful performance, and that if he 

should omit or refuse to execute the same, within days after 

notice that such contract has been awarded to him, they will pay the 
corporation any difference between the sum to which he would be en- 
titled upon its completion, and that which the corporation might be 
obliged to pay to the person to whom the contract may be awarded at 
any subsequent letting; the amount in each case to be calculated upon 
the estimated amount of the work by which the bids are compared. 
The signing above mentioned shall be accompanied by an oath or con- 
firmation in writing of each of the persons signing the same that he is 
a freeholder in the city of and is w^orth the amount the se- 
curity required for the completion of the contract and stated in the 
proposal, over and above all his debts of every nature ; that he has of- 
fered himself as surety in good faith, and with the intention to execute 
the bond required by law, if the contract shall be awarded to the per- 
son or persons for whom he signs to become surety. The adequacy 
and sufficiency of the security offered, shall be approved by the mayor 

of the city of after the award is made and prior to the signing of 

the contract." 

L. Security zvith Contract. 

(a) ''Security satisfactory to the mayor of the city of and 

equal to one-half the contract price will be required with the contract." 

(b) "The person or persons to whom the contract or contracts 
may be awarded, will be required to attend at this office, with the sure- 



Advertising and Letting Contract 1 35 

ties offered by him or them, and execute the contract within 

days from the date of award ; and in case of the failure or neglect so 
to do, he or they will be considered as having abandoned it, and is in 

default to the city of ; and thereupon the work will be readver- 

tisd and relet, and so on until the contract be accepted and executed." 

M. Miscellaneous Requirements. 

Other points to which the attention of the contractor is sometimes 
called are : 

(a) "The attention of bidders is called to the specifications and 
form of the contract under which the work is to be done ; and also to 
the requirements in regard to security." 

{b) "Bidders are informed that no deviation from these specifica- 
tions will be allowed, unless written permission shall have been ob- 
tained signed by " 

{c) "A copy of the advertisement, these instructions and the speci- 
fications will be attached to the contract, and will form a part thereof." 

{d) "Plans can be seen, and specifications and form of the con- 
tract can be obtained, at the office of , of the city of 



A^. Plans and Specifications. 

A copy of the pamphlet containing instructions to bidders, form 
of proposals, form of contract, general conditions, general and de- 
tailed specifications and contract drawings will be furnished upon the 

receipt of a deposit of , which deposit will be returned to the 

bidder upon the return of the said pamphlet and contract drawings, in 
good condition within days after bids are opened. 

O. Qualifications of Bidders. 

No bid will be received from parties who are not regularly en- 
gaged in the kind of work to be let. The character and experience of 
the bidder will receive full and detailed consideration and he must be 
able to show a financial standing which will warrant the award of con- 
tract to him. Otherwise his proposal will not be considered. 

(a) "Bidders must accompany their proposal with samples of the 
material proposed to be used ; which samples shall be retained by the 
city and all materials furnished by the contractors shall be equal to the 
sample furnished." 



1 36 Notes on Contracts and Specifications 

(b) "Bidders will state brands of material proposed and the make 
of other material which they intend to use in the work for which bids 
are proposed." 

(c) ''Other things being equal, preference will be given to local 
labor and material." 

(d) ''Bidders are invited to be present at the opening of the bids." 

(e) "The right is reserved to reject any or all bids or to ignore 
any irresponsible bidder known to be such.'* 



CHAPTER X 
PREPARATION OF CONTRACTS AND SPECIFICATIONS 

§ I. Its Importance. — The preparation of proper specifications 
necessary for a clear understanding of the nature of machinery, sup- 
pHes, or material to be furnished or work to be done under a contract, 
is as essential for such work as the plans for the same. Each is ex- 
planatory of the other, each often incomplete without the other, and 
unless each is carefully and properly prepared, many disputes and mis- 
understanding are apt to arise and frequently result in expensive 
litigation. 

From such specifications, bidders not only get their information of 
the nature and amount of the work they will be called upon to do if 
this bid is accepted, but they may also form some idea of the fairness 
of the parties who have prepared the plans and specifications, and of 
the treatment they are liable to receive during the progress of the 
work. In many cases these papers are the only introduction of the 
bidder to the work and to the men with whom he is invited to do busi- 
ness. It is self-evident therefore that in the preparation of such 
specifications, absolute clearness of details and fairness of intent are 
essential to secure satisfactory proposals and proper Avork. 

Any specification that is indefinite, indeterminate, ambiguous or 
useless will involve uncertainties and result in the addition of certain 
sums by the bidder for self-protection which sums will invariably be 
far in excess of the actual cost which would result from a definite 
and exact requirement. Any specifications, therefore, which are arbi- 
trary, unfair or unnecessarily severe, give a bad impression of the engi- 
neer, attorney and principals and usually involve either a refusal to 
bid on the work or additions to the price bid to offset the unwarranted 
treatment to be expected under such specifications. 

A specification is not the place to show the extent of the engineer's 
knowledge, but it is the place to show how clearly and exactly he can 
describe the essential and practicable limits of the qualities of work 
and material needed for the end in view, how well he can protect his 
client by definite and proper requirements, and how fair and just he 
will be in his treatment of contractors. 



1 38 Notes on Contracts and Specifications 

§ 2. Use of English.^ — In the writing of specifications, all that 
has been said about the use of English applies with especial force. The 
language used should be clear, accurate, and exact. The technical 
terms or vernacular common to the trade to which the specifications 
apply, may be used, but they must be understood and used correctly. 
When used they must be defined or be used in the sense which ithey 
have acquired through common or local usage, the basis on which 
they will be legally interpreted. 

In the writing of contracts and specifications everything should, 
if necessary, be sacrificed to clearness. In reports and papers, for the 
sake of euphony, it is frequently desirable to substitute other words 
more or less synonymous in order to avoid repetition. In contracts 
this should be avoided; words are almost never exactly synonymous, 
and in contracts and specifications the word having the exact meaning 
should be used as frequently as necessary. In such papers, it is also 
desirable to express the idea to be conveyed in the clearest possible 
way, and repetition of the same idea in different words, if it adds to 
clearness, is not regarded as tautology. Care must be taken however 
to see that repetition does not obscure rather than clear up the idea to 
be conveyed. The language must not have a double meaning, and 
where a subject is described in general and also in particular, care must 
be exercised to see that the ideas duplicated are identical. 

In the Bronx Valley sewer contract, involving $2,000,000, the engi- 
neer described concrete to be used as a 1:2 14 mixture. He then spe- 
cified that a "batch" of concrete should consist of one barrel of cement 
(3.85 cu. ft.), two barrels of loose sand (6.50 cu. ft.), and four barrels 
of stone (13 cu. ft.). The contractor under the last description was 
required to mix the concrete in the ratio of 1:1.73:3.46, on the basis 
of the volume used, or even richer on the basis of the volume of loose 
cement An action was brought for $36,000 on account of the excess 
cement required.^ 

In ordinary conversation and in most writings, the words used 
haA^e a sufficiently clear meaning to convey our ideas for general pur- 
poses, for often no great degree of accuracy is necessary. In the 
writing of specifications, .however, these same words are found to be 
indefinite, and must be defined and qualified to bring out the limited 
meaning in which they are or should be used. The young engineer 
is apt to assume that the words he uses have a single and definite 

1 See the Engineering Contractor, Vol. 2, p. 83. 



Preparation of Contracts and Specifications 1 39 

meaning and is greatly surprised to find the language he has used 
and which conveyed to his mind a very definite idea, is susceptible of 
numerous other interpretations. 

In practice, the meaning of every term or expression should be 
analyzed, and whether or not it may have other than the meaning 
which it is intended to convey, determined Not only is this analysis 
necessary, but it is also desirable to consider whether under the con- 
tingencies of construction, where perhaps unforeseen conditions arise, 
the terms may not have still other meanings, or perhaps prove quite 
inexact and indefinite. 

For example : The word ''day" may mean the calendar day of 
24 hours ; the working day, omitting Sundays and holidays ; the work- 
ing day of ten hours ; or the shift of twelve or eight hours. The 
term "ton'' may mean the long ton of 2,240 pounds or the short ton 
of 2,000 pounds. The term **cord," commonly meaning 128 cubic 
feet, may, by local usage, mean 100 cubic feet. The term "perch'' as 
applied to the measurement of stone work varies radically by local 
usage from place to place. 

§ 3. Necessity of Clearness. — Clearness in all details, both in 
plans and specifications, is a protection both to the owner and to the 
contractor, as in one case the contractor is unable to do improper work 
or avoid the execution of essential features, and on the other hand he 
is enabled to understand exactly what is desired by the engineer, and 
can regulate his bid in accordance therewith, without the addition of 
a percentage to cover uncertain work which he may be obliged to do 
but which is not clearly specified. Nothing is gained to the party 
letting the Vv'ork by uncertainty in the understanding of what is de- 
sired, for if such uncertainty exists a careful contractor will add a 
percentage to cover such contingencies, while an unscrupulous con- 
tractor will take advantage of such uncertainties to secure the con- 
tract and depend for his profit on his ability to avoid the execution 
of such portions of the work. 

Specifications not only describe the character of the work that 
the contractor must perform and that the owner must accept, but they 
also serve as the instructions to superintendents and inspectors as to 
what requirements they are bound to enforce. It is therefore de- 
sirable that the specifications should be susceptible of a literal interpre- 
tation not only for a clear understanding between the two parties to 
the contract but also that the inspectors or superintendents in charge 
of the work shall know what requirements to impose. 



140 Notes on Contracts and Specifications 

Where much is left to the engineer's judgment, or where unnec- 
essary or practically impossible specifications are imposed (which is 
always undesirable and inexcusable) friction may perhaps be avoided 
if the engineer is experienced and is continually at hand to give his in- 
terpretation of obscure clauses, or his permission to disregard inexped- 
ient requirements. An inspector has no such prerogative, unless the 
same has been especially delegated by his superior and must usually 
insist (unless fully instructed by the engineer, which should always be, 
but seldom is, the case) on the fulfillment of the letter of the contract. 
When the inspector does insist on carrying out an irrational specifica- 
tion, and an appeal is taken to the engineer, if experienced, he must 
decide in favor of a reasonable interpretation of the specifications which 
he has prepared. In so doing, the engineer must reverse the decision 
of his inspector, to his great embarrassment, and to the injury of his 
confidence in his instructions (the specification), and of his future use- 
fulness. Clearness and exact language in sufficient detail to meet all 
reasonable contingencies and suitable for literal interpretation, will 
not only prevent disputes but will add to the efficiency and effective- 
ness of supervision and inspection. 

§ 4. Clearness. — In order that a specification shall be clear and 
definite, its paragraphs and clauses should be arranged, so far as 
practicable, in logical order. Each element should be discussed com- 
pletely and in detail in a single paragraph or sentence devoted solely 
to that single feature, and when fully covered should not again be 
mentioned unless necessary for defining its relation to other features. 
More than one element should seldom be described in a single para- 
graph, as such reference tends toward obscurity. 

An extreme case of obscurity is illustrated by the following ex- 
ample :- 

"All timber standing where levee is to be constructed may be held by 
the contractor as his own, and he will be allowed an excess of 25% price 
per cubic yard for filling said muck ditch as in the levee embankment; also 
the contractor will be required to add 10% to the height of levee above 
grade line to allow for settling of same." 

Here are apparently three distinct subjects treated in a single 
sentence, and so treated as to leave the reader somewhat in doubt as 
to the idea intended to be conveyed by their author. Each of these 
subjects should not only have been more clearly covered by a dis- 



2 See Eng. News Sup. Dec. 31, 1903, p. 381. 



Preparation of Contracts and Specifications 141 

tinct sentence, but should have had a paragraph devoted to its specific 
purpose. 

§ 5. Brevity. — While it is important that every element of the 
contract shall be clearly, completely and exactly described, it is also 
important and essential for clearness that such description shall be as 
brief as consistent with a complete and exact description. 

A specification is not a treatise on the subject under considera- 
tion, and should not be used to impress the client or contractor with 
the profundity of the engineer's knowledge of the subject. Only those 
characteristics or features should be specified which are essential in 
order to secure the results desired. Any paragraph, sentence, or word 
which can be omitted without material effect on the complete under- 
standing of the subject should be omitted. 

The introduction of clauses in the specification which specify noth- 
ing except perhaps the uncertainty of the engineer's knowledge of the 
material or labor to be done are exceedingly undesirable and should 
be carefully avoided. For example, in many specifications for the 
foundations for brick pavements which were formerly in vogue in the 
Upper Mississippi Valley in which the foundation consisted of broken 
stone, filled with sand and properly rolled, this specification was com- 
monly inserted : 

"The sand shall be rolled, with constant light watering to avoid lick- 
ing up." 

What was meant by the latter portion of this clause has always 
remained a mystery. Possibly its originator had an idea which he 
thus defectively expressed; others, evidently not knowing what it 
meant, adopted the clause for fear they would otherwise prepare a de- 
fective specification. 

Again, a clause relating to the concrete mixer provided ''Mixer 
must be of a size proportionate to the size of tHe batch mixed," and in 
the same specification in relation to forms : 

"The contractor may adopt any suitable system of moulds for the con- 
crete in place, provided the same be approved by the engineer. The moulds 
may be fixed or movable, but must be rigid when in place so as to form a 
concrete accurately." 3 

Neither of these clauses has any apparent meaning, or at least no 
meaning which would not be covered by a specification for "a good 
and workmanlike job." 



s Eng. News Sup., Vol. 51, p. 257. 



1 42 Notes on Contracts and Specifications 

§ 6. Indefinite Specifications. — Carelessness and ignorance of 
the detailed requirements, which should be included, often lead to in- 
definite specifications. Such specifications are also sometimes inserted 
with dishonest or vicious intent. There is often a temptation to write 
such specifications rather than to take the trouble to consider and to 
determine the necessary requirements, at the time the specifications 
are being prepared. As it is usually provided that the engineer shall 
interpret or explain any causes not clearly stated, there remains an 
opportunity for the engineer to decide the matter later, and this also 
involves an uncertainty and a chance for a considerable variation in 
expense. Such uncertainties may be and sometimes are used for the 
purpose of dishonest favoritism. Such uncertainties are manifestly 
unsatisfactory and unfair, not only to the contractor but to the client 
of the engineer as well, for they almost always add unnecessary ex- 
pense. It is only through ignorance, carelessness or dishonesty that 
specifications are written or included which are unnecessary or unde- 
sirable or left so indefinite that the contractor can not know exactly 
v^^hat is expected and required. 

For dishonest purposes, specifications are sometimes drawn so in- 
definite that no bidder can determine what is required, unless he has 
inside information, and so many matters may be left to the decision 
of the engineer that no contractor, unless he knows he will be unduly 
favored, dare bind himself to the uncertainties involved. For exam- 
ple, in the specifications for a proposed power house for a state insti- 
tution,^ the following stipulations were embodied : 

Under the heading ''Violation of Contract," the architect was 
given authority to notify the contractor in writing and within 24 hours 
after the serving of the notice, the contractor should cease work ; the 
architect was then to have full' authority to immediately purchase any- 
thing required and take possession of all the materials on the ground 
or built into the work, and the contractor or bondsman was to meet 
all bills. While such provisions are both illegal and absurd, no con- 
tractor would sign a contract containing such a clause without realiz- 
ing that a law suit might be necessary in order to maintain his rights. 

In another clause relating to changes, it was specified that in case 
any work was not in accordance wth the specifications, the architect 
would be empowered to accept such work or material and make such 
a reduction in the contract price as he may determine, which reduc- 



4 See Eng. News, Vol. 54, p. 602. 



Preparation of Contracts and Specifications 1 43 

tion was to be "final, conclusive and without appeal," another absurd 
and illegal requirement involving, however, the possibilities of favorit- 
ism or a suit at law. 

In relation to extra work, the following unique and unfair pro- 
vision was specified: 'The contractor hereby agrees to furnish such 
materials and to perform such labor as extra work and agrees to ac- 
cept in full payment thereof a price which shall be fixed by the archi- 
tect and the board of trustees previous to its commencement." It is 
quite evident that such a power might work great hardships and per- 
haps financial ruin to an unfavored contractor, while a favored con- 
tractor would profit unduly. 

Numerous other similar arbitrary and uncertain provisions were 
included, all of which either indicated carelessness, ignorance and un- 
fairness or a desire to shut out competition, and to limit the bidding 
to some favored parties. 

The writing of a definite specification, however, is not as easy as 
may be assumed. A specification which may seem entirely definite 
may prove indefinite through the various conditions under which it 
may be exercised. For example : 

Engineering News, commenting on indefinite specifications, calls 

attention to the following: "Specifications (for concrete) for the 

most part read somewhat as follows : 

'Concrete shall be made of one part by volume of Portland cement, 2i^ 
parts by volume of sand, and 5 parts by volume of broken stone.' 

"A specification worded like this often becomes a fruitful source 
of controversy, for there is a great difference in the volume of cement 
depending upon whether it is packed in the barrel, shaken down in a 
measuring box, or merely cast loosely into such a box. It is a ques- 
tion for the engineer to decide whether loose or packed measurement 
Avill be required, but having decided he should be explicit in writing 
the specification. The following is a good example of clearness : 

'In preparing mortar and concrete, the cement, sand and stone will be 
mixed in the proportion by volume hereinafter specified. The cement shall 
"be measured when compacted so that 380 lbs. of dry Portland cement have 
a volume of 3.6 cu. ft. The sand and stone shall be measured when not 
packed more closely than by throwing it in the usual way into a barrel or 
box.'" (See Eng. News Sup., Vol. 50, p. 2G9.) 

§ 7. Indeterminate Specifications. — When the amount of material 
or work to be done under a contract is expected to be small, it is cus- 
tomary with some engineers to cover the same with only a brief clause 



144 Notes on Contracts and Specifications 

in which the work done and material furnished are to be "as the engi- 
neer shall direct." This practice is less objectionable when only a 
limited quantity of such work or material is to be furnished, but as in 
most cases there is an uncertainty as to the amount, the practice seems 
entirely inexcusable. 

It may be regarded as proper to give no great amount of space to 
the specifications for a certain class of material or work where only a 
small quantity is to be used, but while brief, the requirement should be 
clear and exact. If the work is worth doing, the contractor has a 
right to know before he bids for the same, the exact requirements and 
should not be held subject to the uncertain requirements of an engi- 
neer, possibly unknown and inexperienced. The following are exam- 
ples of such objectionable practice : 

"First class compound arch masonry will be laid in mortar. The thick- 
ness of the arch, the length and thickness of the stone forming the arch^ 
will be such as the engineer shall prescribe." 

Also, 

"Concrete is to be made of such material and in such proportions as 
to material and in such manner as the engineer shall direct." 5 

Even when an attempt is made to briefly draw such specifica- 
tions, it sometimes occurs that the engineer may, in his haste, specify 
the material of a greatly superior quality to that which is actually 
needed in the work. This may prove serious if through an unex- 
pected increase the quantity required is actually large. For example, 
in a specification for sewers in which only a limited quantity of tim- 
ber would probably be needed for the foundation work, it was speci- 
fied :' . 

"Such lumber as is required shall be of a suitable character for the pur- 
pose intended, of straight grain and free from all defects." 

The first part of this specification might have an entirely different 
meaning from the last portion of the same, for in few cases would 
timber "of straight grain and free from all defects" be needed. A 
cautious contractor, under such a specification, would bid a price which 
would assure him a reasonable profit under any conditions, while a 
careless contractor, relying on the first clause of the specification, 
might sustain a serious loss if a large amount of such material were 
used. 

§ 8. Ambiguous Specifications. — Unnecessary or unreasonable 



Eng. News Sup., Vol. 51, p. 258. 



Preparation of Contracts and Specifications 1 45 

requirements are always ambiguous and leave uncertain what is ac- 
tually desired, and what will actually be required by the engineer. Un- 
der such conditions, responsible contractors will add materially to the 
price for the work done under such specifiations. Not only does this 
unnecessarily increase the cost of the work, but such specifications also 
brand their maker as ignorant of the practical requirements of the 
work, and are a notice to unscrupulous parties that the writer of the 
specifications is one who may perhaps be manipulated or bluffed into 
reasonable requirements, or even to extremes in the other direction. 
It is only too easy to prepare in the office specifications which are im- 
possible to carry out in the field, or which, if carried out, will prove 
undesirable or expensive. 

Specifications that cannot be reasonably enforced except under 
particular and peculiar circumstances, should be eliminated for where 
they are included they practically must be ignored except where an 
absolute necessity for their enforcement arises. This calls for an arbi- 
trary decision by the engineer which a subordinate can seldom be per- 
mitted to exercise, and in the exercise of which by the chief he is left 
open to criticism. For example, in the specifications for concrete, the 
following clause has frequently been inserted : 

"Concrete shall not be dropped into place through a greater distance 
than one foot." s 

Such a specification is usually wholly impracticable and should be 
required only where some injury, possibly by separation of material 
or injury to new work, might make such an unusual precaution abso- 
lutely necessary. 

Such a specification, therefore, should not be applied to the entire 
work, but only to the conditions in wiiich such requirements are neces- 
sary, and it w^ould seem desirable to introduce a more lengthy specfi- 
cation in which the methods of depositing the concrete under various 
conditions should be restricted as far as necessity seems to demand. 
These extremes should be avoided by the engineer. He should specify 
only such requirements as are necessary for the completion of the work 
in the manner desired. 

§ 9. Arbitrary Specifications. — While it is necessary for the en- 
gineer to be able to exercise such control over the work that he can 
secure its proper performance and completion, it is unwise and unsafe 
for him to endeavor to exercise unnecessarv and arbitrarv control over 



Eng. News Sup., Vol. 51, p. 257. 



146 Notes on Contracts and Specifications 

any part of the work. If the contractor is to be held responsible for 
the work, or for the results obtained, or as to time of completion, 
safety to the public, etc., he must not be relieved of responsibility 
through arbitrary specifications, by means of which, the prerogatives of 
management may be usurped by the engineer. 

x\n extreme case of such usurpation is shown by the following 
extract from a sewer specification : 

"The contractor must employ a competent mechanic, selected by the 
engineer, who understands and speaks English, and not a common laborer, 
to make the joints of the pipe sewer." " 

A common but extremely arbitrary requirement which may be ex- 
ercised to a contractor's serious disadvantage, and is therefore unde- 
sirable, is as follows : 

"The contractor shall commence and prosecute work at such points, at 
such times and w ith such forces as the engineer may direct." « 

Such a specification is seldom necessary or desirable. The inser- 
tion of a time limit clause and of such requirements as to when aiid 
where the work is to be begun and prosecuted as may be necessary, 
will relieve all doubt, and render impossible arbitrary persecution dur- 
ing construction. 

Too great and arbitrar}- authority by the engineer may result in 
his assuming for his client responsibilities which should be placed on 
the contractor. For example : 

"Before blasting, the contractor must procure a written order from the 
engineer. Blasts shall be covered with timbers heavily chained together. 
Caps or other exploders shall in no case be kept in the same place in which 
dynamite or other explosives are stored; and, in general, the precaution 
against accidents from blasting shall be entirely satisfactory to the engineer. 
The contractor shall be liable for all damages to persons or property caused 
by blasts or explosives." » 

If under this clause, the engineer is called upon to specify the 
precautions to be taken and should an accident occur in spite of the 
precautions taken, the contractor may reasonably claim that he had 
acted as servant of the engineer's client and not as an independent 
contractor, and is therefore blameless. 

§ 10. Unfair Specifications.^Occasionally in specifications it 
would seem the purpose of their writer is not only to protect his client 



' Eng. News Sup., Vol. 51, p. 149. 

8 Eng. News, Vol. 51, p. 149. 

9 Eng. News, Vol. 51, p. 65. 



I 



Preparation of Contracts and Specifications 1 47 

in every legal way but also to hamper the contractor by unfair and un- 
called for restrictions. Such restrictions can result only in unneces- 
sary expense as they must of necessity limit competition, make the 
contracting parties doubtful of the good faith of the party preparing 
the specifications, and suspicious of the treatment which he will ac- 
tually receive should he be awarded the contract for the work. Such 
clauses should be eliminated entirely as they have no place in the con- 
tract. It is, and should be, the purpose of every attorney or engineer 
who may be preparing a contract to see that his client is entirely and 
fully protected, but anything beyond this can give only unsatisfactory 
results. 

It is usually desirable when letting a contract which is finally 
placed in the hands of a responsible party to prohibit the assigning of 
the contract to other parties who may not be fully satisfactory. The 
restrictions, however, should not be so made as to prevent the con- 
tractor from being able to properly finance his work by allowing its 
use as security for money borrowed for its execution. The following 
clause is an extreme case of this kind. The clauses written are en- 
tirely unfair, uncalled for, and may be used as a club for the purpose 
of persecution or may lead to graft in order to avoid its enforcement : 

"It is mutually understood and agreed that if the contractor shall as- 
sign or transfer either absolute or conditionally by order or otherwise, the 
compensation or any part thereof to which he may become entitled under 
the contract before such compensation is actually earned, the city may, for 
that reason, cancel the contract and retain all compensation at the time of 
such assignment or transfer due or owing to the contract; or the city may, 
at its option, recognize any such assignment and transfer as valid. The 
option of the city in that regard shall be exercised by the commission of 
public works, and the recognition of any assignment or transfer as valid 
shall not preclude the city from cancelling the contract on account of any 
other or subsequent assignment or transfer. The contractor agrees not to 
so assign or transfer his compensation, or any part thereof. 

"And it is also mutually understood and agreed that the city may, at 
its option, declare the contractor in default and cancel this contract, in case 
proceedings in bankruptcy are instituted by or against the contractor (or 
either of them, if there is more than one), or in case proceedings supple- 
mentary to execution are instituted against the contractor (or either of 
them, if there is more than one) ; and if the city shall so cancel the con- 
tract, it may complete the work or improvement as herein elsewhere pro- 
vided. Such option shall be exercised by the commissioner of public 
works." 10 



loEng. News Sup., Vol. 52, p. 152. 



148 Notes on Contracts and Specifications 

It is always desirable, when possible, to determine in advance the 
character of all work required, and to describe it so clearly that an in- 
telligent bid for the same may be made by the contractor. 

In underground and subaqueous work it is sometimes impossible 
to determine in advance just what character of work will be necessary 
to secure the desired results. When such is the condition, any work 
which may be required to bring about the desired results should be 
regarded as extra work, and paid for as such. Any attempt to force 
the contractor to perform such work at his own cost and expense is 
not only unfair, but will usually result in high bids and unnecessary 
expense. An example of an unfair specification of this class is as fol- 
lows : 

"Whenever the bottom of the trench is not firm, the contractor must 
furnish and put in place, without expense, good or suitable material; and 
when it is considered necessary by the engineer, the contractor shall lay a 
foundation of timber, without extra expense." n 

The intelligent contractor will, of course, add a sufficient amount 
to fully cover the probable cost of any work which might be required 
under such a specification as the above, and the engineer's client will 
pay more than the fair cost of such work. To ask a contractor to 
assume all risk of conditions and then to assume the risk of what an 
obviously unfair engineer may think necessary to provide for such un- 
foreseen conditions is, to say the least, unwarranted. 

In specifications for work which is covered from sight, not easily 
reinspected, and not open at all times to ready examination, it is de- 
sirable to provide that the engineer may if he desires uncover and 
open up for his personal examination any work supposed to be com- 
plete. In such case it is usually provided that if the work is found to 
have been constructed in accordance with the plans and specifications, 
the cost of such examination and of any necessary repairs, shall be at 
the expense of the engineer's client ; but if the work is found faulty in 
any particular, it shall be replaced and repaired at the expense of the 
contractor. 

Such a clause, permitting re-examination at any time, discour- 
ages any attempt at introducing poor work or material either in the 
absence of the inspector or by collusion, and is fair and just for it in- 
volves no expense to the honest contractor, while it means the possi- 
bility of an expense to the dishonest contractor greater than any pos- 



11 Eng. News Sup., Vol. 50, p. 305. 



Preparation of Contracts and Specifications 1 49 

sible saving through defective work. An unfair clause of this general 
character which would undoubtedly cause an unnecessary increase in 
the cost of work on account of the uncertainties involved, is as follows : 

"The engineer must be permitted to remove such portions of the work 
as he may from time to time think necessary, for the discovery of improper 
material or workmanship, and the contractor shall restore such work at his 
own expense." i- 

It is evident that with such a clause an engineer may greatly an- 
noy a contractor and add materially to the expense of construction. 
Such a clause is not only unfair, but savors of dishonesty as by waiv- 
ing such examination for a favored contractor, the cost of construc- 
tion might be greatly reduced. 

§ II. Unnecessary Severity. — In drawing specifications for a 
material only the average requirements which characterize a good ma- 
terial of the class desired should usually be embodied. It is undesir- 
able to make the limiting requirements too severe, unusual or extrava- 
gant, as such requirements may materially add to the expense, pre- 
vent intelligent bids by driving responsible contractors from the field, 
prevent the execution of the work, or involve a confession of error 
and have to be modified to the embarrassment of their writer. Too 
often the minimum limits of a specified test are fixed at or near the 
maximum that has been secured from tests of the best of similar ma- 
terial. Frequently the results specified are impossible to obtain on the 
average, especially when a material is new on the niarket. Such 
severe requirements are usually in error and are seldom if ever neces- 
sary. The requirements for a good average material are more readily 
enforcible, and any additional safety required should, if possible, be 
secured by improvement in design. 

In the early days of brick paving, when the number of paving 
brick factories was still small, a test of paving brick from one of the 
smaller factories showed that the best class of material would not ab- 
sorb more than i^ per cent of water. Based on these tests, it was 
suggested that specifications for this material should place this limit 
as the requirement for brick for paving. At the particular time in 
question, the factory mentioned could not have supplied more than one- 
half million brick per year, and few if any other factories were, at that 
time, turning out brick which would comply with such a specification. 
Nevertheless such a specification was adopted for a paving contract 

12 Eng. News Sup., Vol. 50, p. 365. 



1 50 Notes on Contracts and Specifications 

involving about six million brick, and had to be waived before the 
construction of the pavements in question was possible. 

SPECIFICATIOXS FOR CRITICISM 

The student should be assigned one or more of the following spe- 
cifications, and required : 

First: To criticise the specification as written. 

Second: To rewrite the specification so as to assure proper re- 
sults or to express the meaning (which should have been expressed) 
in clear and unequivocal language. 

1. "Broken stone shall be of quality approved by the engineer and shall 
be of cubes of such size as will pass through a two inch ring." — Eng. News 
Sup., Vol. 51, p. 149. 

2. "The contractor must employ a competent mechanic, selected by the 
engineer, who understands and speaks English, and not a common laborer, 
to make the joints of the pipe sewer." — Eng. News Sup., Vol. 51, p. 149. 

3. "Should the engineer so desire, 50% of the stone (for the concrete) 
may be replaced by gravel, perfectly free from sand." — Eng. News Sup., Vol. 
51, p. 129. 

4. "The mortar used in masonry and brick work shall be made of hy- 
draulic cement and sand, or lime and sand, or a combination of hydraulic 
cement, lime and sand, according as the engineer may direct. It shall be 
mixed in such proportion and made and used in such manner and within 
such time after mixing as he shall prescribe and direct." — Eng. News Sup., 
Vol. 51, p. 49. 

5. "The engineer must be permitted to remove such portions of the 
work as he may from time to time think necessary for discovery of improper 
materials or workmanship, and the contractor shall restore such work at 
his own expense." — Eng. News Sup., Vol. 50, p. 365. 

6. "All timber used in the trench and left there shall be paid for at cur- 
rent rates." — Eng. News Sup., Vol. 50, p. 305. 

7. "In accordance with our conversation this morning, I hereby agree to 
rent you 12 wheel scrapers at 50 cents each per day." — Eng. News Sup., 
Vol. 51, p. 169. 

8. "The State Engineer shall between the first and fifteenth days of each 
month make and file with the Superintendent of Public Works, an esti- 
mate of the amount, character and quantity of work done and of material 
which has actually been put in place in accordance with the terms and con- 
ditions of this contract during the preceding month, and compute the value 
thereof. The Superintendent of Public Works may within fifteen days 
thereafter at his office, pay to the contractor from the money which shall 
have been appropriated for that purpose, a sum not to exceed ninety per 
cent of the value of the work performed and material furnished as so cer- 
tified by the Engineer." — Eng. Rec. July 27, 1907, p. 85. 



Preparation of Contracts and Specifications 1 5 1 

9. "Trenches shall be filled with special care. The engineer may, if he 
deems necessary, require one man tamping to each man filling in, or may 
require the contractor to puddle the filling with water without extra com- 
pensation." — Eng. News Sup., Vol. 50, p. 125. 

10. "It is expressly specified that in entering into the agreement to per- 
form the work herein specified, the contractor admits that he has read each 
and every clause of these specifications and the circular of instructions, fully 
understands the meaning of the same, and that he will comply with all the 
requirements herein set forth." — Eng. News Sup., Vol. 50, p. 321. 

11. "The sewer will be measured along its center line. The price bid 
per lineal foot of sewer will include all expense for labor and for material 
needed to complete the sewer; and no additional payment will be made for 
bracing, pumping, street repairing or any other thing involved in completing 
the sewer." — Eng. News Sup., Vol. 50, p. 257. 

12. "All clay and spongy material shall be removed to a depth to be de- 
termined by the engineer (not exceeding 12 inches below the bottom of the 
macadam), and shall be replaced with such material as the engineer may 
direct." — Eng. News Sup., Vol. 50, p. 257. 

13. '"Superstructure for Paving.. — Consisting of four inches deep after 
rolling and ramming solid sand and gravel or hard coal cinders; under 
course of bricks laid flat; one inch sand bedding after rolling solid; top 
finished course — vitrified bricks paved on edge, racked with sand as follows: 

"The superstructure for paving shall be executed to such depth below 
the underside of the top brick course as will admit a layer of solid sand and 
the top finished paving. If such said depth below the underside of the top 
brick course be not too shallow, shall receive a foundation of sand and 
gravel so directed, under course bricks laid flat, with one inch of sand bed- 
ding for finished paving." 

14. "At a depth of seven inches below underside of top brick course, the 
formation shall receive a layer of sand and gravel to pass a two and one- 
half inch ring, or hard coal cinders as shall be directed, four inches in thick- 
ness after ramming and rolling solid with a five ton roller, to receive layer 
of flat brick paving, one inch sand bedding and top course." 

15 "The paving bricks shall consist of the very best quality of vitrified 
bricks used for paving purposes. They shall be thoroughly sound vitrified 
through, and shall withstand all tests brought to bear as to their fitness, and 
shall not contain lime, etc., to such extent as to cause them to fracture after 
being immersed in water eight (8) days, and shall show a modulus of rup- 
ture not less than eighteen hundred (1,800) pounds to the square inch, and 
absorption not less than one and five-tenths (1.5) per cent. This average 
shall not be varied from more than twenty (20) per cent." 

16. "The transverse courses of top finished paving shall be laid on edge, 
perfectly at right angles with the line of curbs and in perfectly straight 
lines, laid and tested to a cord-line and plumb-bob." 

17. "As the work proceeds, any portion not actually covered by the fin- 
ished paving; or any ground that may have been opened to the formation 
level, shall be kept from exposure to storms and inclemency of the weather 



132 Notes on Contracts and Specifications 

by oil sheet tarpaulins provided for the purpose. If at any time the forma- 
tion is allowed to get wet, soft or cut up, it shall be taken out to such depth 
as directed by the engineer, and replaced with sand and gravel or hard coal 
cinders, thoroughly tamped and rolled, as directed by the engineer, without 
extra charge or cost." 

18. "The committee shall have power at any time to alter, amend and do 
anything relating to the quantity or quality and description of materials or 
workmanship, or to add to, or reduce any of the work without in any way 
annulling the contract, and the contractor shall comply with these terms in 
every respect, the same as if no alteration in any respect had been made^ 
without extra cost or claims, or in any case, should there not be a price re- 
turned or provided for in the schedule contained in the contractor's bid for 
anything required or called for whether the same is specified or not, for 
materials supplied, built and fixed in place, or workmanship, then such price 
shall be allowed by the engineer as in his opinion is reasonable and fair, and 
according to its market value. If such alterations diminish the work to be 
done, they shall not constitute a claim for damages or for anticipated profits 
on the work dispensed with." 



CHAPTER XI 

CONTRACTS 

§ I. Ordinary Business Transactions. — Almost all business 
transactions involve contracts, either actual or implied. The majority 
of minor business transactions are so definite and so quickly executed 
that no written memoranda are either necessary or desirable. 

A calls B, a coal merchant, by telephone and inquires the price 
of hard coal. B replies $9 per ton. A asks to have ten tons delivered. 
B delivers the coal ; A sends a check for $90. The transaction is com- 
plete ; an oral express contract has been entered into and performed ; 
no writing was necessary. 

§ 2. Necessity of Written Agreements. — When, however, the 
transactions become at all complicated, and where much time will 
elapse prior to or before final performance, the details of the agreement 
may become indistinct or uncertain in the minds of one or both of the 
parties, unless the same are reduced to writing. 

While an express contract may be either oral or written, it is 
highly desirable that if it is not to be immediately performed and com- 
pleted, it should be made in writing in order that a record of the 
transactions shall be made both as a memorandum for the informa- 
tion of the parties themselves, or for their administrators in case of 
death. This is especially desirable whenever the agreement is of mo- 
ment, and especially where it it at all complicated by general or tech- 
nical specifications of any kind that may possibly be misunderstood, 
overlooked or forgotten before its execution, or where other grounds 
of dispute may possibly arise. 

The habit of making all agreements, orders and instructions in 
writing will avoid much confusion, many misunderstandings and pos- 
sible litigation. 

It is not always essential to prepare elaborate contracts. The de- 
gree of detail with which they should be prepared must depend largely 
upon the nature of the contract and the object for which they are writ- 
ten. Brief contracts with little or no detail, are warranted for circum- 
stances under which competition is limited to contractors known to be 



I 54 Notes on Contracts and Specifications 

responsible and experienced, and whose material, work or machinery 
can be taken on their merit with few questions as to the character of de- 
tails. 

§ 3. A Contract Made by Letter. — In simple transactions the 
contract may consist of an inquiry, an offer and an acceptance in the 
form of letters, which together will constitute a contract. A. B. C, a 
manufacturer of Rockford, Illinois, desires to arrange for a supply 
of coal for power purposes, and writes to various parties for prices. 
Among others, he writes X. Y. Z. of La Salle, Illinois, as follows : 

Rockford, Illinois, Nov. i, 19 15. 
Messrs. X. Y. Z., 

La Salic, Illinois. 
Gentlemen: 

We shall need during the year 19 16, about twelve hundred tons of 
soft coal, mine run, for power and heating purposes. We desire the 
coal delivered on the side track at our factory in this city, as needed. 

Will you kindly advise us at your early convenience if you will fur- 
nish this coal, and at what price ? 

Very truly yours, 

A. B. C. 

To this X. Y. Z. replies : 

La Salle, III, Nov. 10, 19 15. 
Messrs. A. B. C, 

Rockford, Illinois. 
Gentlemen: 

In reply to your favor of the first instant : we will undertake to fur- 
nish you mine run coal from our Chapin mine near this city, twelve hun- 
dred tons of coal, more or less, as needed by you, delivered f. o. b. cars 
at our mine, for the sum of one dollar and fifty cents ($1.50) per ton, 
freight allowed to Rockford. 

It is understood that you are to advise us on or before the 15th of 
each month the amount of coal needed for the following month, and 
are to pay for the amount of coal delivered each month on or before 
the 15th of the following month. 

Hoping to receive your order for the same we are 

Very respectfully yours, 

X. Y. Z. 



Contracts 135 

A. B. C. having used mine run coal from Chapin mine is satisfied 
with the quahty and price and writes : 

Rockford, III, Nov. ii, 1915. 
Messrs. X. Y. Z., 

La Salic, Illinois. 
Gentlemen: 

Your proposition of the loth instant to furnish the coal for our 
factory for the year 19 16, together with the terms of payment sub- 
mitted, is satisfactory and is accepted. 

Very truly yours, 

A. B. C. 

These letters constitute a contract, which is enforcible at law. 
A. B. C. must accept the "mine run coal" from the Chapin mine, and 
would probably have no recourse if the quality had deteriorated, as he 
has made no specification concerning quality, except that the coal be 
"mine run" and from the Chapin mine. 

§ 4. Contract by Acceptance of Letter. — In general, the negotia- 
tions may not be as brief and to the point as in the above letters. The 
correspondence may be more voluminous, and it may be desirable to in- 
clude all negotiations in a single instrument, in which case the desired 
end may be accomplished by a direct written offer and acceptance or 
by a more formal agreement, either of which should be signed in du- 
plicate. 

Contract consiininiatcd by acceptance of ivritten offer. 

La Salle, Illinois, Nov. 20, 191 5. 
Messrs. A. B. C, 

Rockford, Illinois. 
Gentlemen: 

In accordance with our previous correspondence, we agree to fur- 
nish you the amount of coal needed by your factory during the year 
1916, about twelve hundred (1,200) tons more or less of two thou- 
sand (2.000) pounds each. 

This coal shall be mine run and from our Chapin mine, and shall be 
delivered during the year 1916 as needed by you, f. o. b. cars on the 
side track at said mine, with freight allowed to Rockford. 

Your order for each month's delivery must be sent on or before 
the 15th of the preceding month. Payments for all coal delivered 



] 56 Notes on Contracts and Specifications 

during any month shall be made on or before the 15th of the month 
following. Letter in duplicate ; please return one copy. 

Very truly yours, 
ACCEPTED : X. Y. Z. 

A. B. C. 

§ 5. A Formal Contract. — 

MEMORANDA OF AGREEMENT 

It is mutually agreed between A. B. C. and X. Y. Z., this twen- 
tieth day of November, A. D., 1915, that the said X. Y. Z. shall fur- 
nish the said A. B. C, f. o. b. cars on the sidetrack of the Chapin mine, 
located near La Salle, Illinois, all coal that will be needed by him for 
the use of his factory at Rockford, Illinois, during the year 1916, about 
twelve hundred tons (of 2,000 lbs.) more or less and the coal fur- 
nished shall be Mine Run Coal from said Chapin mine. 

This coal shall be delivered during the year 19 16, and as needed. 
The order for each month's delivery shall be sent on or before the 15th 
of the preceding month. The said A. B. C. agrees to pay the said 
X. Y. Z the sum of one dollar and fifty cents ($1.50) per ton for said 
coal, with freight allowed from the Chapin mine to Rockford, Illinois, 
and all payments shall be made on or before the fifteenth of the month 
for all coal delivered during the preceding month. 

Signed A. B. C. 
Witness : ' ' Signed X. Y. Z. 

D. C. W. 

§ 6. Written Executive Contracts. — The written executive con- 
tract may include all forms from the simple contracts, such as shown 
above, in which no technical specifications are included and the general 
conditions are few, to the elaborate contract necessary for the more 
complicated technical work that requires the preparation of numerous 
general conditions and many general and detailed specifications. In 
every case the contract or article of agreement should include, besides 
all requirements for a vaUd contract (see Sec. 3, Chapter 3) : 

1. Parties to the contract (names, description, residence, etc.). 

2. Subject matter : 

Promises to be performed (work, materials, etc., to be fur- 
nished or done). 
Counter-promises (payments to be made). 



Contracts 157 

3. Time of performance. 

4. Date of contract. 

5. Signatures. 

These matters are usually written in a more or less formal manner 
with certain set forms of introduction, declaration and closure, which 
are, however, legally unessential. The essential features of an agree- 
ment are simply those features necessary to indicate clearly the nature 
and extent of the obligations assumed by all parties concerned. 

In many cases the purchaser may not be acquainted with the ex- 
act nature of the material or supplies which can be purchased from a 
certain miner, manufacturer or dealer, and may desire to secure ma- 
terial or supplies of a certain and definite kind, or he may desire cer- 
tain work done, machinery furnished or structures built in a certain 
way, for a certain purpose, or to accomplish certain results. There 
may also be certain responsibilities which the owner desires the con- 
tractor to assume, and the contractor may be asked to agree to certain 
conditions in regard to supervision, inspection, etc., and may also in- 
clude certain further conditions in regard to the manner and methods 
of conduct of the work, and certain conditions in regard to the financial 
arrangements, payments, etc., may be desired. 

In order that the owner may secure a definite offer for the under- 
taking, he should prepare a form of agreement which should contain 
all the conditions and specifications which may be necessary to clearly 
describe the undertaking and make his wishes in the premises definitely 
and distinctly manifest. 

In case these conditions and specifications are brief, they may be 
written into the form of agreement but where they are elaborate and 
involved they may better be included by reference in the agreement 
and be prepared as one or more separate and distinct paper which may 
be included under several heads such as : General cotiditions, General 
specifications, and SpeciUcations for 

In any event the agreement either within itself or together with 
the attached papers should explain exhaustively all matters concerning 
the work and material, and should contain all covenants regarding 
supervision, conduct of the work, responsibility of either party, pay- 
ments, guarantees and all specifications relative to the methods to be 
employed in its performance, and the materials, supplies and appliances 
to be furnished or used in the construction. Clearness, explicitness, 
inclusiveness, brevity, and proper arrangement are ends to be attained 



1 58 Notes on Contracts and Specifications 

in their preparation. That and only that which it is desirable to cove- 
nant or to specify, should be included, and all covenants and specifica- 
tions should be stated in the shortest and clearest terms compatible 
with a proper and clear understanding of the matter intended to be set 
forth. 

The complete form of agreement, including all covenants and 
specifications, forms the basis for the negotiations for a contract. 
A\ hile in important work the form of agreement is usually prepared by 
one party to the contract without consultation with the other party, 
who in general is unknown, it must be so prepared that all its clauses 
will be acceptable or accepted by the contractor or no contract can be 
made without its modification. 

Frequently the negotiations are preceded by an advertisement, the 
purpose of which is to call the attention to the undertaking, and often 
further information is given to those who desire to become contractors 
through information included in a paper entitled ''Instructions to Bid- 
ders'' or "Information to Bidders!' and, lastly, an offer to perform 
the undertaking ma}' be made on a prepared form by which the various 
bidders offer to perform the undertaking under the proposed agree- 
ment, at a certain price or at certain prices which, being submitted in 
the same way, become comparative, unless other factors beside price, 
such as dift'erence in quality of material, in workmanship, or in experi- 
ence and reliability, become of importance. \A hen a satisfactory pro- 
posal is received, it is accepted subject to the making of a written con- 
tract, in which event the "Advertisement," "Instructions," "Proposal" 
and "Form of Agreement," "General Conditions" "General Specifica- 
tions,'' and "Detailed Specifications" are united, and when signed, con- 
stitute the contract. In some cases the drawings are also attached to 
the contract, but in most cases they are included by reference only. 

§ 7. Form. — All agreements upon which bids are to be re- 
quested and contracts are to be based should be complete and should 
be so arranged as to lead to the utmost clearness in the understanding 
of what is necessary in making out proposals, submitting bids, enter- 
ing into the contract, and the execution of the obligation. The arrange- 
ment should also be such as will facilitate ready reference to each and 
every point which is therein mentioned. Completeness is necessary on 
account of the fact that an acceptance of an oft'er, to legally consum- 
mate a contract, must be identical with the oft'er, and the fulfillment 



Contracts 1 59 

of an offer cannot be enforced if it involves the signing of a contract 
containing other and more onerous conditions than those on which 
the offer is based. Hence, if the papers are entirely complete and 
available at the time the proposal is made, the acceptance will usually 
consummate the contract. It is therefore also desirable that an ac- 
ceptance be made provisional on the final consummation of the written 
contract. 

A systematic and orderly method in the preparation of all the 
papers in connection with any contract is advisable, for by adopting 
such methods the ground can be completely and systematically covered 
and no details omitted. To facilitate uniformity and to prevent omis- 
sion and misunderstanding, the arrangement of papers should usually 
be such that by the filing of blanks, the attachment of such supple- 
ITientary specifications as the contractor may be required to furnish, 
the signing of the agreement, and execution of the bond, the contract 
can be consummated. 

The agreement often includes the ''General Conditions!' and even 
the ''Specifications." The general conditions are sometimes, and the 
specifications often, written separately and confined to their own par- 
ticular subject. The incorporation of either the general conditions or 
the specifications into the agreement is not essential, as a reference 
in the agreement to any papers, and their attachment thereto, make 
them equally a part of the contract. This is also true of the "Adver- 
tisement," "Instructions," "Proposal'' etc. Even a proper reference 
to these papers, sufficient for their identification, is sufficient to make 
them a part of the contract, though unattached, but identification is com- 
plete if they are attached. A reference to the drawings, sufficient for 
identification, is all that is necessary, and the attachment of such draw- 
ings to the contract is unusual except in the case of standard machin- 
ery where photographs and illustrations may either be attached to or 
accompany the contract. These papers when printed are often printed 
and bound in the ordinary legal document form, that is, bound at the 
top and opening from the bottom. The pamphlet form, however, is 
largely used and is much handier for reference and much to be pre- 
ferred to the legal form. When the papers are printed, and the legal 
form is used, the matter should usually be printed on only one side 
of the paper, as this arrangement offers greater facilities for examina- 
tion and use. In the pamphlet form, both sides of each sheet may be 



160 Notes on Contracts and Specifications 

utilized, the papers being therefore less bulky. In the arrangement o£ 
the matter in either case, the following order may be used : 

Title: Front page of cover. (Description oiily.) 

Advertisement: Second page of cover. (Sometimes printed on 
the back of the cover, and generally omitted in private con- 
tracts.) 

Estimate of Amotints of Work to be Done. (Not essential, but 
often desirable.) 

Instructions to Bidders.^ Often included under either heading;. 

Information for Bidders ) not used in simple contracts. 

Form of Proposal. 

Form of Bond zvith Proposal. (If one is used.) 

Agreement. 

General Conditions. "1 t-- , r r ^ 

^ , ^ .^ . I Either as a part of or separate from the 

General Specifications. > , . 

7^ J. -y , r^, -r ■ lorm of as^reement. 

Detailed Specifications. J 

Form of Bond zvith Agreement. (This may be, and usually is; a 
separate instrument.) 

Form for Filiiig. (Back page of cover.) 

When the advertisement is printed on the back of the cover, it 
should be so arranged that when the document is folded, the form of 
filing will be on one side and the advertisement on the other side. 
Sometimes the printed advertisement is cut from the paper in which 
it appears, and is fastened to the Form of Contract, which answers 
every purpose. 

The bond to accompany the contract may be made a separate in- 
strument and not included under the same cover as the other papers. 
This is certainly as well, as reference to the bond is seldom necessary,, 
while the agreement and specifications are generally required for fre- 
quent reference. 

§ 8. General Clauses for Agreement. — When the general con- 
ditions are not included in the form of agreement it should usually 
include only those important covenants that define, and fix the direct 
relation of the parties to each other in the most important matters. 
The following are suggested as the headings under which the data 
for an agreement may be prepared, subject to such modification as may 
be found desirable on different classes of work : 



Contracts 1 6 1 

Outline for Agreements 

1. Introduction of agreement and date of same. 

2. Designation of parties, name, description and residence. 

3. Declaration of agreement, parties and legal representation. 

4. Exhibits as attached conditions, specification, drawings, etc. 

5. Time of beginning and completion. 

6. Liquidated damages. 

7. Payment. 

8. General provisions, bond, etc. 

9. Final clauses, date or reference to date, signatures, seal, wit- 
nesses and acknowledgment. 

Discussion of Articles of Agreement 
I. Introduction to Agreement and Date of Same. — No specific 
form of introduction is required by law. A great variety of forms are 
in use among which may be noted the following : 

a. "This agreement made and concluded this day of , A. D. 

by and between ." 

b. "This agreement made and concluded this day of 

by and between ." 



c. "This contract made and concluded by and between 



The date on which a contract was made often becomes of much 
importance and should, therefore, be duly recorded.^ In form ''c" the 
date is usually written at the end of the contract. 

2. Designation of Parties, Xanies, Residences and Description of 
Same. — No specific form is required for this particular clause of the 
agreement, but the parties to the contract should be so clearly desig- 
nated that their residence and their relations to the contract will be 
fully understood. The following form is commonly used: 

"By and between (owner, corporation or agent) of the City of 

, County of , State of — , party of the first part, and — ' 



(contractor, company or agent) of the City of , County of , 

State of , party of the second part." 

When a contract is made by a corporation through its authorized 
representatives or agents, the relation and authority of the representa- 
tives or agents should be clearly stated in order that the authority may 
be properly investigated and clearly understood, and in order that the 
personal liability of the representatives or agents may be avoided.^ 

1 See Wait, Engineering and Architectural Jurisprudence, sec. 59. 

2 Wait, Engineering and Architectural Jurisprudence, sees. 29-39. 



162 Notes on Contracts and Specifications 

"By and between the Mayor, Aldermen, and Commonalty of the City of 
New York, acting by and through, the Aqueduct Commissioners, by virtue 
of the power vested in them by Chapter 490 of the Laws of 1883, of the State 
of New York, parties of the first part, and ." 

The following- example used by the Metropolitan Water and Sew- 
erage Board differs somewhat in form from the preceding : 

" , and the Metropolitan Water and Sewerage Board 

duly constituted, and appointed under and according to the provisions of 
Chapter 168 of the Act of the Legislature of the Commonwealth of Massa- 
chusetts of the year 1901, herein acting for the Commonwealth, and without 
personal liability to themselves, and — hereinaftr dsignated as con- 
tractor agree as follows:" 

As different states have different statutory modifications of the 
common laws, it is important that the residence of both parties to a 
contract be stated. If the parties to a contract reside in different 
states, the place at which the contract is made will ordinarily fix the 
laws tmder w^hich the contract is to be interpreted. This matter rnay 
be definitely fixed, however, by including in the agreement a statement 
that : 

"This contract is to be regarded as a Wisconsin (or such other state as 
may be desired) contract." 

The term ''party of the first part'' conventionally applies to the 
person who contracts to sell, lease, or have performed the subject mat- 
ter of the contract. The term ''party of the second part" convention- 
ally applies to the person who agrees to take or to purchase the article 
or to perform the contract. The use of these terms is frequently 
avoided by using instead some designation for the parties, such as 
''the company," "said contractor," "said owner," "said board," "said 
manufacturer," etc., etc. 

3. Declaration of Agreement — Parties and Legal Representatives. 
This clause may also differ greatly in form. The following is a com- 
mon form : 

"Witnesseth that for and in consideration of the payments and agree- 
ments hereinafter mentioned to be made and performed by said Party of 
the First Part and under the penalty expressed in a bond, bearing even date 
herewith, the said party (or parties) of the Second Part agree with the 
said Party of the First Part at his (or their) own proper cost and expense 
to do all work and furnish all material called for by this agreement in the 
manner and under the conditions hereinafter specified." 

Provisions for the death or incompetency of either party to a con- 
struction contract are usually provided for by definitely including "the 



I 



Contracts 1 63 

heirs, executors, administrators, or assignors'' of a person, or the "suc- 
cessors or assignors" of a corporation.^ 

Example — 

"The said Party of the Second Part does hereby, for himself, his heirs, 
executors, administrators or assignees, promise and agree with the said 
Party of the First Part, its successors or assignors, at his own proper cost 
and expense, etc." 

When a contract is made for the personal skill or professional 
knowledge of the contractor, it will be discharged by his death, other- 
wise the legal representative of the contractor is liable under it and 
reference to ''heirs, administrator or executor' is unnecessary. Their 
mention in the contract is, however, evidence that the contract is not 
of such a personal character. In the same way the term "assignee" 
should be omitted either when "personal skill" is contracted for or w^hen 
the agreement includes clauses prohibiting an assignment of the con- 
tract.^ 

4. Exhibits. — When the general conditions and specifications are 
not included in the form of agreement, a paragraph must be introduced 
in the agreement by which it is stipulated that such conditions, specifi- 
cations, etc., as may be essential are to be attached thereto and made 
a part thereof. For example : 

"The parties to this agreement hereby stipulate that the following ex- 
hibits, which are attached hereto, are made a part hereof as though written 
herein: 

The advertisement marked "Exhibit A." 

The instruction to bidder marked "Exhibit B." 

The form of proposal marked "Exhibit C." 

The general condition marked "Exhibit D." 

The general specification marked "Exhibit E." 

The detailed specification marked ''Exhibit F," 

The contract drawings marked "Exhibit G." 

Exhibit G shall consist of drawings described and numbered as follows: 



Here should follow the title and number or other distinctive mark 
of the various drawings. 

When the general conditions are included in the form of agree- 
ment and the specifications are not the clause concerning the exhibits, 
make them a part of said agreement, such as the following: 

a. "All work shall be done and all material furnished in strict conform- 
ity with appended advertisement marked 'Exhibit A,' instructions to bid- 



3 Ibid, sees. 7-12. 

4 Ibid, sees. 13-16. 



1 64 Notes on Contracts and Specifications 

ders marked 'Exhibit B,' and specifications marked 'Exhibit C,' which are 
appended hereto and are hereby made a part of this agreement,' or 

b. "And it is further expressly agreed that the said excavation shall be 
made and said masonry shall be built, and all grading and filling shall be 
done, and all \York, labor and material to be done and furnished under this 
contract shall be done and furnished strictly pursuant with and in conform- 
ity to the specifications hereto annexed which are made a part of this agree- 
ment." 

5. Time. — When the general conditions are not included in the 
agreement and the time of completion is a matter of considerable im- 
portance, one of the articles in the general form of agreement is com- 
monly devoted to this subject, although the further general conditions 
and stipulations in regard to delays, extension of time, and forfeitures 
are placed in the general conditions. 

The article in the form of agreement may be essentially as fol- 
lows : 

The contractor further agrees to begin work within days from 

the date of this agreement and to so prosecute the work that it will be en- 
tirely completed on or before . The maintenance of a greater progress 

in this work which will result in its completion within a specified time, is 
an essential feature of this contract, and the contractor agrees to do all 
things and to take all necessary precautions to insure the rate of progress 
and the time of completion as stated and defined in this agreement and in 
the attached specification. 

6. Liquidated Damages. — The liquidated damages to be paid by 
a contractor for delays in the completion of the work undertaken by 
him to be completed in a given time under the stipulations outlined in 
paragraph 5 are usually of sufficient importance to be included as one 
of the articles in the form of agreement, even in cases where the gen- 
eral conditions are made a separate exhibit of the contract. This may 
be done by stipulations essentially as follows : 

The party of the second part agrees to pay the party of the first part 

as liquidated damages the sum of dollars per day for each and every 

day that he delays the completion of the entire work to be done under this 
contract; and the party of the first part shall have the right to deduct the 
amount of any such liquidated damages due from any moneys due or which 
may become due to the party of the second part under this contract, and to 
collect from the party of the second part and his sureties any excess of such 
liquidated damages over and above the amount that would be otherwise d'ue 
the contractor. 

7. Payments. — The payments to be made under an agreement are 
provided for in various ways. In some cases the form of proposal, 
after being accepted, is attached as an exhibit to the agreement, in 



Contracts 1 65 

which case it is stipulated in the agreement that payments shall be 
made in accordance with the prices set forth in the exhibit and in con- 
formity to the general conditions and specifications attached to the 
agreement. In other cases, a schedule of unit prices and estimated 
quantities is included as one of the articles in the general form of 
agreement. This is apparently done for the reason that the payments 
are a most important factor and that such importance warrants their 
insertion into the agreement itself. These two forms are shown in the 
following examples : 

(a) For and in consideration of the faithful performance of the con- 
tract by the party of the second part in full accordance with the plans and; 
specifications, and with the stipulations herein contained or attached hereto, 
the party of the first part agrees to pay to the party of the second part the 
prices set forth in the form of proposal, which is marked "Exhibit C" and 
attached hereto and made a part hereof. Said payments shall be made in 
accordance with the general conditions and specifications attached hereto. 

(b) For and in consideration of the faithful performance of this con- 
tract by the party of the second part in full accordance with all of the pro- 
visions of the same as set forth in this agreement and in the various ex- 
hibits attached hereto, the party of the first part agrees to pay to the party 
of the second part, in the manner and at the times hereafter set forth, and 
at the rates mentioned and described in the following schedule of unit prices, 
to wit: 

SCHEDTTLE OF UXIT PRICES 

Item Class Unit of Quantity Unit Price 

8. Provisions for Bond, etc. — The provisions for bond are some- 
times included under paragraph 3, as shown in the examples given 
therein. In other cases they are stipulated in an article at the end of 
the form of agreement, essentially as follows : 

''Contract and Bond. — It is further agreed by the parties to this contract 
that this contract shall be executed in triplicate, one copy being retained 
by the party of the first part, one to be delivered to the party of he second 
part, and one to be delivered to the chief engineer. 

"The party of the second part further agrees to execute a bond in the 

sum of dollars for the faithful performance of the work and in the 

form provided for that purpose, and it is agreed that this contract shall be 
void until such bond is signed, delivered, and approved by ." 

9. Final Clause and Signatures. — In the final clauses and signa- 
tures it is important to see that all legal requirements are duly com- 
plied with. In the case of corporations, either public or private, the 
rights of the parties signing the agreement for such corporatons should 



1 66 Notes on Contracts and Specifications 

be carefully determined in order that the agreement may be a legal and 
binding obligation on such corporation. In some cases a seal is de- 
sirable or essential ; in other cases witnesses to the signature are nec- 
cessary ; and in still other cases, acknowledgment before a notary pub- 
lic is required. 

"In witness whereof the parties to these presents have hereunto set 
their hands and seals the day and date first above written." 

Where the date is not inserted in the first part of the contract, the 

final clause should be as follows : 

"In witness whereof the parties to these presents have hereunto set 
their hands and seals this day of — — , A. D, 19 — ." 



CHAPTER XII 
GENERAL CONDITIONS OF THE CONTRACT 

§ I. Outline. — The general conditions to be included in any 
contract will depend on the character and extent of the work and will 
usually vary with each special case. These conditions may be em- 
braced under seven subdivisions as follows : 
I. Definitions. 
11. Rights and Responsibilities of Owner. 

III. Engineer's Authority. 

IV. Prices and Payments. 

V. Contractor's Responsibilities. 
VI. Conduct of Work. 
VII. Police and Sanitary Regulations. 

These divisions, the titles of which, in general, indicate the nature 
of the conditions which should be included thereunder, may be subdi- 
vided as the conditions in each particular case require. In section 2, 
these main divisions are further subdivided and as given and dis- 
cussed in the following section include all of the general conditions 
usually necessary for extended contracts. In most contracts many of 
the conditions herein discussed will not apply and only such should be 
included as are pertinent to the particular conditions for which the 
contract is purposed. 

§ 2. Outline of General Conditions. 
I. Definitions. 
II. Rights and Responsibility of Owner. 

A. Inspection and supervision. 

B. Right of access and collateral works. 

C. Changes, alterations and extra work. 

D. Discrepancies and omissions. 

E. Property, material, etc., furnished by first party. 
III. Engineer's Authority. 

A. To supervise and direct work. 

B. Assistant engineer and inspector. 

C. To furnish lines and grades. 

D. To determine quantities and measurements. 



1 68 Notes on Contracts and Specifications 

E. To define terms and explain plans. 

F. To provide for emergencies. 

G. Engineer cannot waive obligations. 
H. To modify methods and equipment. 

/. To retain imperfect work. 

/. Arbitration. 
IV. Prices and Payments. 

A. Estimates and payments. 

B. Delayed payments. 

C. Extra work. 

D. Contract prices. 

E. Bond and sureties. 

F. Guarantees. 

V. Contractor's Responsibilities. 

A. Persons interested in contract. 

B. Personal attention of contractor. 

C. Contractor's address. ' 

D. Agents, superintendents and foremen. 

E. Compliance with laws. 

F. Protection against negligence and damage. 

G. Protection against claims for labor and material. 
H. Infringements of patents. 

/. Assignment. 

/. Termination of contract if abandoned, assigned, de- 
layed or violated. 
K. Time and order of completion. 
L. Rate of progress. 
M. Liquidated damages. 
VI. Conduct of Work. 

A. To keep plans and specifications on the work. 

B. Character of employees. 

C. Sustain all losses and damages. 

D. To protect work. 

E. Hindrances and delays. 

F. To remedy defective work. 

G. Construction plant. 
VII. Police and Sanitary Regulations. 

A. Sanitation. 

B. Intoxicants. 
C. Camps. 



General Conditions of the Contract 1 69 

§ 3. Definitions. 

Interpretation of Phrases and Definitions or Other Similar Title. — 
It is desirable to include in the general conditions definitions of the 
various phrases or terms used throughout the contract, such as 'Tarty 
of the First Part," "Party of the Second Part," ''Contractor," "Engi- 
neer," "Chief Engineer," "Inspector," "Owner," "Company," "City," 
and any other words, terms or abbreviations which are not otherwise 
fully defined. This may be done by inserting paragraphs descriptive 
of each title or terms as follows : 

"Whenever the word(s) or the expression 'Party of the First 

Part' or 'First Party' are used in this contract, it should be understood as 
referring to (here describe the person, company or corporation enter- 
ing into the contract to have the same performed) " 

"Whenever the wod 'contractor' or the expressions 'Party of the Sec- 
ond Part,' or 'Second Party,' are used it shall be understood to mean the per- 
son, persons, co-partnership or corporation who has agreed to perform this 
contract or to his or their legal representatives." 

"Whenever the word 'Engineer' is used in this contract it shall be un- 
derstood as referring to the Chief Engineer of the party of the first part, or 
such other engineer, superintendent or inspector as may be authorized by 
said first party to act in any particular." 

"Whenever the words 'Directed,' 'Required,' 'Permitted,' 'Ordered,' 'Des- 
ignated,' 'Considered Necessary,' 'Prescribed,' or words of like import are 
used, it shall be understood that the direction, requirement, permission, or- 
der, designation, or prescription, etc., of the Engineer is intended; and 
similarly, the words 'Approved,' 'Acceptable,' 'Satisfactory,' or words of like 
import, shall mean approved by, or acceptable or satisfactory to, the Engi- 
neer." 

§ 4. Rights and Responsibilities of Owner. 

A. Inspection and Supervision. — Unless the owner is willing to 
assume responsibility for the negligence of the contractor and the re- 
sult to be ultimately accomplished under the contract, he must not im- 
pose his control of the manner and method by which the results are to 
be accomplished.^ 

The retention of the control of men and method by the owner de- 
stroys the relations of "Owner and Independent Contractor" and es- 
tablishes the relation of "blaster and Servant" or of "Principal and 
Agent." - 

The owner may direct as to the result of the undertaking, and may 
prescribe in the specifications and plans the method and manner of do- 



1 Wait, Engineering and Architectural Jurisprudence, Sec. 651. 

2 Ibid, Sees. 653 to 659 and Sees. 665 to 666. 



] 70 Notes on Contracts and Specifications 

ing the work. He may delegate the direction and supervision of the 
work to his authorized agent or agents, that is to his engineers, in- 
spectors, etc. In this case the contractor by accepting the contract, ac- 
cepts such methods and manner of doing the work as his own.^ Care 
should be exercised in including in the contract and specification, such 
requirements as are considered necessary as to the method of doing 
the work and as to the final result to be obtained, but any assumption 
of detailed control of manner or methods during the construction of 
the work should be studiously avoided, if, as is usually the case it is 
desired to fix the responsibility for the conduct of the work and for 
the results of the same, on the contractor.* 

Such supervision and inspectiou as may be desired must be speci- 
fied and described in the agreement. Any aid that the contractor is to 
furnish in connection with such inspection must also be clearly specified. 

"It is agreed by the party of the second part that the party of the first 
part shall be, and is hereby authorized to appoint from time to time such 
engineer, superintendent or inspector as the said first .party may deem 
proper, to inspect the material to be furnished and the work to be done un- 
der this agreement and in accordance with the specifications therefor. The 
contractor shall furnish all aid and assistance required by the engineer, su- 
perintendent or inspector for the proper inspection and examination of the 
work and all parts of the same. The contractor shall regard and obey the 
directions and instructions of any engineer, superintendent or inspector so 
appointed when the same are consistent with the obligations of this agree- 
ment, and of the specifications attached hereto, or said contracor shall imme- 
diately appeal to the Chief Engineer for his decision, and shall respect such 
decision when so rendered." 

B. Right of Access and Collateral Work. — Unless otherwise pro- 
vided, an agreement for construction will ordinarily give the con- 
tractor full possession of the building, plant or field of operation, and 
if other contractors are to furnish material or to do work which may 
result in more or less interference, proper provision should be made 
in the agreement to retain this right. 

This stipulation should reserve the right of access to the work 
when such reservation is necessary or desirable. The reservations 
made, however, should not be such as may needlessly cause possible 
trouble or extra expense to the contractor. 

"The party of the first part reserves the right to enter the property or 
location on which the works herein contracted for are to be constructed or 



3 Ibid, Sees. 660 to 664. 

4 Ibid, Sec. 667. 



General Conditions of the Contract 1 7 I 

installed by such agent or agents as it may elect for the purpose of cpn- 
structing or installing such collateral works as said first party may desire. 
Such collateral works will be constructed or installed with as little hindrance 
or interference as possible with the party of the second part. The party of the 
second part hereby agrees not to interfere with or prevent the performance of 
such collateral work by the agent or agents of the party of the first part, or 
to claim any extra compensation or damages by delays or hindrances which 
be caused by the construction or installation of such collateral work." 

" and his engineers, agents or employees may, for any 

purpose, and other contractors may, for all the purposes which 

may be required by their contracts, enter upon the work and the premises 
used by the contractor, and the contractor shall provide safe and proper 
facilities therefor. Any differences or conflicts which may arise between the 

contractor and other contractors of in regard to their work 

shall be adjusted and determined by the engineer." 

C. Changes, Alterations and Extra Work. — Provisions may be 
made for changes, alterations or extra work, but when so made, they 
may be exercised only in the manner and to the extent provided in the 
agreement.^ 

It should be noted, however, that any unauthorized changes in the 
contract will release the sureties on the contractor's bond, but that said 
sureties will not be released from the contract by changes which are 
duly authorized therein.*' 

"The said party of the second part further agrees that the said first 
party may make such alterations as said party may see fit in the line, grade, 
form, dimensions, plan or material of the work herein contemplated, or any 
part thereof, either before or after the commencement of the construction. 

"If such alterations diminish the quantity of the work to be done, they 
shall not constitute a claim for damages or anticipated profits on the work 
that may be dispensed with. If they increase the amount of work, such in- 
crease shall be paid for according to the quantity actually done, and at the 
prices established for such work under this contract; provided, however, that 
if said first party shall make such changes or alterations as shall make use- 
less any work already done or material already furnished or used in said 
work, that said first party shall recompense said party of the second part 
for any material or labor so used. No work shall be regarded as extra work 

unless it is ordered in writing by the Chief Engineer and endorsed by 

, and with the agreed price for the same specified in said order, pro- 
vided said price is not otherwise determined by this contract. All claims 
for extra work shall be made to said first party within sixty days after its 
completion, and, failing to make such claims within this time, all rights of 
the contractor for extra pay for such work shall be forfeited." 



'> Wait, Engineering and Architectural Jurisprudence, sees. 551 to 571. 
6 Ibid, Sees. 20, 21 and 576. 



1 72 Notes on Contracts and Specifications 

D. Discrepancies and Omissions. — Where discrepancies are found 
between plans and specifications, which is frequently the case, in minor 
matters, at least, the court will determine, if possible, the actual in- 
tention of the parties at the time of signing the agreement. Provisions 
may be and usually are made that the engineer may explain such dis- 
crepancies and may decide which shall prevail."^ 

Provisions may also be included in the agreement for the correc- 
tion of errors or omissions in matters or things which are fairly im- 
plied by the agreement, and the same rules hold as in the case of dis- 
crepancies. 

These clauses should be so written as to prevent the possibilities 
of unjust claims for minor discrepancies or immaterial omissions but 
should not impose upon the contractor the expense of rectifying the 
mistakes of the engineer. 

"Discrepancies: Should there be any discrepancy between plans and spec- 
ifications for the work herein specified, the engineer shall define which is 
intended to apply to the work in hand, and the contractor shall be bound by 
such decision." 

''Omissions : Any work or material not herein specified but which may 
be fairly implied as included in the contract, of which the Chief Engineer 
shall be the judge, shall be done by the contractor without extra charge." 

"This agreement including the specifications, plans and estimates is in- 
tended to be sufficient to show all work to be done and material to be fur- 
nished hereunde. The quantities of the various classes of work and material 
to be done and furnished under this contract are approximate and are to be 
used only as a basis for estimating the probable cost of the work and for com- 
paring the proposals offered for the work, on a uniform basis. It is under- 
stood and agreed that the actual amount of work to be done and material to 
be furnished, under this contract may differ somewhat from these estimates, 
and that the basis for payments under this contract shall be the actual 
amount of such work and material done and furnished. 

"The contractor agrees that he will make no claim for damages, antici- 
pated profits or otherwise on account of any differences which may be found 
between the quantities of the various kinds of work and material actually 
done or furnished under this contract and the estimated quantities contained 
in this agreement. It is further agreed that it is the intent of this con- 
tract that all work must be done and all material must be furnished in ac- 
cordance with the best practice, and in the event of any discrepancies be- 
tween the plans and specifications, or otherwise, or in the event of any doubt 
as to the meaning of any portion of the contract, specifications or plans, the 
engineer shall define which is intended to apply to the work, and the con- 
tractor shall be bound by such decision. Any work or material not shown 



7 Wait, Engineering and Architectural Jurisprudence, sees. 225 to 235. 



General Conditions of the Contract 1 73 

on the drawings or described in the specifications but which may be fairly 
implied as included in any item of the contract, shall be done and furnished 
by the contractor without additional charge therefor." 

E. Property, Material, .etc., to he Furnished by First Party. — 
The party of the first part should, in general, furnish the real estate 
and rights-of-way required for the purpose of the work. The first 
party may desire to furnish other material or supplies which may be 
on hand or which it may be desirable to furnish through mantifactur- 
ers or other contractors. The latter furnishings are usually described 
in the specifications. The real estate or rights of way are usually de- 
scribed in the general conditions. 

"The party of the first part will furnih all real estate and rights of way 
reasonably necessary for the work, including land needed for the construc- 
tion, for borrow pits, for waste dumps, for camp sites and for access to the 
work. 

"In case of serious delays in the acquisition of the necessary land for this 
purpose, an extension of time will be granted the contractor sufficient to 
compensate therefor. The contractor shall have no compensation for minor 
delays or interruption caused by the failure to secure such land but shall re- 
ceive compensation for the actual losses occasioned by serious delays." 

§ 5. Authority of the Engineer. 

The engineer is commonly designated as the arbiter to decide 
questions of quantity, quality, workmanship, and any other questions 
which may arise between the parties to a contract. Commonly, the 
specifications attempt to make the decisions of the engineer "final and 
conclusive" on the contractor, and often on both parties.^ The de- 
cisions of assistants must always be subject to appeal to the Chief En- 
gineer, and frequently the decisions of the Chief Engineer are made 
subject to adjustment by a board of arbitration. No agreement on 
the part of the contractor can make such decision "final and conclu- 
sive" if such decisions are unlawful, for a man cannot legally sign 
away his own rights to his "day in court." In preparing such clauses 
or stipulations, the following conditions should be kept clearly in mind : 

8 Mutuality is the essence of a valid contract and this must exist not 
only in the contract as a whole but in regard to each obligation of the con- 
tract. That is, every obligation resting on one party must be in considera- 
tion of a promise or act of the other party. Neither party is bound unless 
both are bound. 

If, therefore, the engineer is made the arbitrator of the contract on the 
part of the contractor his authority is at least doubtful unless the contract 
also provides that the first party is also bound by his decision. 



1 74 Notes on Contracts and Specifications 

The authority that the engineer can exercise in regard to any con ■ 
tract is confined to those functions conferred upon him by the contract 
stipulations which must be strictly complied with. 

Under the usual form of contract, the engineer is commonly en- 
dowed with two duties, — first, as an agent of the owner, and second, 
as an arbiter of the terms of the contract.^ 

The engineer's authority does not extend to anything not expressly 
provided for in the contract, and he cannot vary its terms in any way."' 
If so stipulated, the engineer may determine quantities and classifica- 
tions, but he cannot act arbitrarily in the premises and must use the 
methods and classifications prescribed in the contract. ^^ If so stipu- 
lated, he may determine the quality and workmanship of the work 
done.^- The right of the engineer or of a board of arbitration to de- 
termine any question in dispute, cannot be fixed to the exclusion of a 
review by courts of law or of equity, but such determination may be 
made a ''condition precedent" to such review. ^^" 

In the supervision and direction of construction work the engineer 
must exercise certain judicial functions in interpreting the clauses of a 
contract, but all specifications should be so drawn as to limit this func- 
tion to the greatest possible extent. \Mien the engineer is made the ar- 
biter of a contract, he should so far as possible, eliminate prejudice and 
bias and represent not only his client but the contractor as well, in 
order to see that the contract is carried out with justice to all con- 
cerned. It must, however, be practically recognized that the engineer 
is not an unbiased party. Employed by his client to secure satisfac- 
tory work which, as a rule, he has designed, and for which he has pre- 
pared the specifications, his tendencies are to so interpret the specifica- 
tions as to bring about the results he desires, and any clauses which he 
has therefore rendered obscure are liable to be interpreted in the favor 
of his client rather than of the contractor. 

When a specification is definite, the honest engineer can give but 
one opinion. The function of the engineer therefore is not that of the 
legal judge but of the expert judge. 

A. Supervision and Direction of Work. — The function of the en- 
gineer is to supervise and direct the work of construction and to see 



9 Wait, Engineering and Architectural Jurisprudence, sees. 370 and 371. 
lolbid, sees. 372 to 380. 

11 Ibid, sees. 381 to 387. 

12 Ibid, sees. 388 to 390. 

13 Ibid, sees. 400 to 417. 



General Conditions of the Contract 1 75 

that the same corresponds with the requirements of plans, sepcifica- 
tions and contract. The right of direction reserved to the engineer 
in the contract should not be so extended as to relieve the contractor 
of the responsibility imposed thereunder, nor should it be such as to 
permit the engineer to unnecessarily hamper or delay the execution of 
the work. The common specification that, 'The work must be com- 
menced and carried on at such points and in such order or precedence 
as may be directed by the engineer," is usually unnecessary and un- 
just. In most cases if desirable, it is quite possible to prescribe the 
point or points at which the work shall be begun and the order or 
precedence in which it is necessary that it shall be constructed. The 
right of the engineer to change this order should be limited to condi- 
tions where contingencies may arise that clearly make such a change 
necessary. 

''Supervision: It is mutually agreed between the parties to this contract 
that the engineer shall supervise and direct all work included herein. To 
prevent all disputes and to discourage litigation, it is further agreed by and 
between the parties to this contract that if it cannot be otherwise agreed, 
the chief engineer shall in all cases determine the amount of the quantities 
of the several kinds of work which are to be paid for under this contract, 
and he shall determine all questions in relation to said work and the con- 
struction thereof, and he shall in all cases arbitrate every question which 
may arise relative to the execution of this contract on the part of said con- 
tractor, and his estimate and findings shall be the condition precedent to 
the right of the party of the second part to any action on the contract and 
to any rights to receive any money under this contract." 

"Duration of work: Whenever it is necessary, in order to assure the safe 
and proper construction of the work, the engineer shall determine the times 
and seasons and the order of precedence under which the work shall bei 
done. Where the first party is having other work done, either by contract 
or by its own force, the engineer may direct the manner of constructing 
the work done under this contract, in order that conflicts may be avoided 
and the various works being done by the party of the first part may be 
harmonized." 

B. Assistants and Insp.cctors. — In large work a considerable num- 
ber of assistant engineers, superintendents and inspectors may be re- 
quired to see that the work is properly performed. In general, their 
activities should be limited to the special work to which they are as- 
signed. 

"The word 'engineer' shall mean the chief engineer of the party of the 
first part, or his duly authorized agent, assistant engineer, superintendents, 
and inspectors acting severally within the scope of the particular duties as- 
signed to them." 



I 76 Notes on Contracts and Specifications 

Inspectors. — In most large public works where numerous inspect- 
ors are necessary or desirable, men have often to be employed for such 
positions, who have little or no professional knowledge or practical 
experience on the work in question. This is apt to be especially true 
in public work where appointees to such positions are frequently placed 
by politicians without much regard for ability or sometimes for integ- 
rity. Such inspectors frequently are given or assume an authority 
which they should not possess and sometimes utilize their position to 
harrow and annoy the contractor, either through their ignorance or 
occasionally for purposes of petty graft. To cover such conditions, it 
has been suggested by Mr. Ernest McCullough ^^ that a clause be in- 
troduced in the general conditions somewhat as follows : 

"It is mutually agreed that the inspectors on this work shall not be re- 
garded as deputy engineers, but their duties shall be to report to the en- 
gineers in charge any deviation from the specifications, and when necessary 
to order the work stopped until the engineer in charge can give his opinion 
concerning any disputed question." 

"All decisions regarding the character of work to be done or material to 
be furnished or the interpretation of the specifications, shall be referred to 
the engineer in charge, and the inspectors shall make no changes or devia- 
tions from the specifications or allowances of any kind, without written au- 
thority to that effect from the engineer in charge. It is furthermore agreed 
by the parties to this contract that in case the engineer in charge is obliged 
to be absent from the work for a considerable time and it becomes necessary 
to delegate his authority during his absence to any one of said inspectors, 
said inspector shall be appointed in writing and such authority shall cease 
without notice on the return of the engineer." 

C. Lines and Grades. 

"All lines and grades shall be furnished by the engineer but the con- 
tractor shall provide stakes and such ordinary labor as may reasonably be 
required by the engineer to assist him in such work. Whenever necessary, 
work shall be suspended to permit of this work, but such slspension will be 
as brief as practicable and the contractor shall Ipe allowed no extra compen- 
sation therefor. The contractor shall give the engineer ample notice of the 
time and place where lines and grades will be needed. All stakes, marks, 
etc., shall be carefully preserved by the contractor and in cas of their de+ 
struction or removal by him or his employees, such stakes, marks, etc., shall 
be replaced by the engineer at the contractor's expense." 

D. Quantities and M,casurements. — The subject of measurements 
is prolific of trouble in specifications unless the methods used are fully 
understood. It is always desirable to assure such understanding by a 



14 See Eng. News Supplement, vol. 51, p. 233. 



General Conditions of the Contract 1 77 

specification which shall expressly state the method to be used. This 
is commonly done by the general statement 

"No extra or customary measurements of any kind will be allowed in 
measuring work under this contract, but the actual length, the solid con- 
tents, the number and weight only shall be considered, unless otherwise 
specifically provided." 

Frequently in various artisans' work, various customary methods 
of measurements are applied by the trade or by general usage, which in 
general, are an attempt to equalize the difficult portions of the work 
and reduce them to the basis of plain work by making extra allowances 
where such work becomes unusually expensive. Such methods are 
justifiable in themselves, if fully understood by both parties to the con- 
tract and indeed simplify, to a considerable extent, the estimate of the 
parties who are used to making their figures on the basis of such meas- 
urement. As they are usually readily understood and can be easily 
applied by the engineer, and more easily applied by the contractor who 
has been accustomed to them, it would seem desirable that they should 
be used wherever such use seems feasible. In any event, the matter 
should be made plain and if such rules are to be used, it should be spe- 
cifically so stated. 

If on the other hand such rules are to be ignored, then a clause 
similar to that previously mentioned should be inserted, so that no 
misunderstanding can possibly exist. Even where the method of 
measurement may seem almost beyond question, differences of under- 
standing may arise. For example, the measurement of the surface 
area of a pavement would seem a very simple affair on which the en- 
gineer and contractor could hardly disagree. Where manholes, catch 
basins and street railway tracks are located on the street, the expense 
of fitting around these structures is usually greater than would be the 
extra cost of pavement which would be constructed were these struc- 
tures removed ; no allowance is therefore usually made in the amount 
of paving estimated for the surface occupied by these structures, but 
if the surface area of the same is deducted, a considerable extra ex- 
pense should be added to the contract price named for the remainder 
of the pavement. 

The same difficulty exists to a greater or less extent in the meas- 
urements of a great many other structures, such as stone masonry, 
brick walls, etc. The clauses modifying measurement should there- 
fore be made explicit, so that they can be literally interpreted. 



1 78 Notes on Contracts and Specifications 

E. To Define T.erms and Explain Plans. — Even when much care 
has been taken in the preparation of plans and in the writing of speci- 
fications it is commonly found that difference of opinion will arise in 
regard to their meaning and intent. It is essential, therefore, that the 
engineer shall be authorized to define the meaning of words and terms, 
and indicate the limits necessary for their fulfillment under the con- 
tract. He should also be authorized to explain the meaning and in- 
tent of the plans and harmonize any apparent discrepancies between 
the plans and specifications. 

''Definition of Terms: Whenever, in the specifications or drawing's ac- 
companying this agreement, the terms or descriptions of various qualities 
relative to 'finish,' 'workmanship,' or other qualities of similar kind which 
cannot from their nature be specifically and clearly described and specified, 
but are necessarily described in general terms to be 'satisfactory,' 'fir&t 
class,' 'workmanlike,' or described by other terms, the fulfillment of which 
must depend on individual judgment, then, in all such cases, any question 
of the fulfillment of said specification shall be decided by the chief engineer, 
and said work shall be done in accordance with his interpretation of the 
same and to his full satisfaction and approval, and he shall in all cases be 
the judge of the fulfillment thereof." 

''Explanation of Plans: Whenever any misunderstanding shall arise con- 
cerning the meaning and intent of any of the drawings furnished or to be 
furnished to the contractor under this agreement, or whenever any appar- 
ent discrepancies shall arise between said plans and the contract and speci- 
fications, the chief engineer shall explain the same, and said explanation 
shall be final and binding on both parties to this contract. Said engineer 
may amend or correct any errors or omission in the drawings or specifica- 
tions when such amendment or correction is necessary to bring out the 
meaning and intent which is clearly indicated by a reasonable interpretation 
of the same." 

F. Emergencies. — On important work, where possible hazards to 
life and property may arise, or where the welfare of the work may de- 
pend upon the precautions taken by an individual contractor, such pre- 
cautions may be neglected, and it is customary and desirable under 
such conditions to provide that the engineer may do whatever is neces- 
sary to prevent such possible contingencies. The necessity of exer- 
cising such a right seldom occurs, but the right to provide such pre- 
cautions is very essential. 

"Emergencies: Whenever, in the opinion of the engineer, the contractor 
has not taken sufficient precaution for the safety of the public or the pro- 
tection of the works to be constructed under this contract, or of adjacent 
structures or property which may be injured by processes of construction 
on account of such neglect, and whenever, in the opinion of said engineer. 



General Conditions of the Contract 1 79 

an emergency shall arise and immediate action shall be considered neces- 
sary in order to protect public or private, personal or property interests, 
then, and in that event, the said engineer, with or without notice to said con- 
tractor, may provide suitable protection to said interests by causing such 
work to be done and material to be furnished and placed as shall furnish 
such protection as said engineer may consider necessary and adequate. 

"The cost and expense of such work and material so furnished, shall 
be borne by said contractor, and if the same shall not be paid on presentation 
of the bills therefor, then said costs shall be deducted from any amounts 
due or which may become due said contractor. 

"The performance of such emergency work under the direction of the 
engineer shall in no way relieve the contractor from any damages which 
may occur during or after said precaution has been duly taken by said en- 
gineer." 

G. Preliminary Approval. — Where various assistants and inspect- 
ors are employed in connection with the execution of work, it is desir- 
able to specifically limit their power of acceptance of work done to the 
stipulations of the contract. 

"No engineer, superintendent or inspector shall have any power to 
waive the obligations of this contract for the furnishing by the contractor 
of good material and of his performing good work as herein described in 
full accordance with the plans and specifications. No failure or omission 
of any engineer, superintendent or inspector to condemn any defective 
work or material shall release the contractor from the obligation to at once 
tear out, remove, and properly replace the same at any time upon the dis- 
covery of said defective work or material." 

H. Right of Engineer to Modify Methods and Equipment. — The 
right to modify the contractor's method of work and equipment is a 
serious reservation which should be included only when the nature of 
the work makes it necessary for safey that the work shall be done 
within a given time or by such means that such safety shall be secured. 
Such arbitrary requirements can be advantageously made a part of the 
general conditions only when the standing and experience of the en- 
gineer are sufficient to make him a reasonable judge of the necessities 
of the case. 

''Right to Modify Methods and Equipment: If at any time the methods 
or equipment used by the contractor are found to be unsafe or inadequate 
for securing the safety of the workmen or other persons who may be en- 
dangered thereby, or to secure the quality of work or the rate of progress 
required under this contract, the engineer may order the contractor to in- 
crease their safety or to improve their character and efficiency, and the 
contractor shall comply with such orders. 

"If at any time the working force of the contract is inadequate for 
securing the progress herein specified, the contractor shall, if so ordered, 



180 Notes on Contracts and Specifications 

increase his force or equipment, or both, to such an extent as to give rea- 
sonable assurance of compliance with the schedule of progress. 

"The failure of the engineer to make such demands shall not relieve the 
contractor of his obligations to secure the safety of his men, the quality of 
the work, and the rate of progress required by this contract." 

/. Right to Retain Imperfect Work. — The contract usually pro- 
vides that all work which is not in accordance with the plans and 
specifications shall be taken down and rebuilt in accordance therewith. 
Under some conditions the removal of work constructed may so greatly 
impede the progress of the entire work or involve such other losses 
and damages that it may be desirable or essential to retain the w^ork, 
even with the imperfection rather than to suffer the consequent loss of 
its removal and replacement. Whenever such cases may arise it is 
desirable to include in the general conditions a stipulation, that if the 
imperfections are not of sufficient magnitude to warrant its removal 
and reconstruction or if such conditions arise as to make such removal 
and reconstruction impracticable or dangerous the engineer shall have 
the right to allow the same to remain, but shall be empowered to make 
such reasonable deduction from the contract price of the same as the 
defect of workmanship, material or construction may fairly warrant. 

"If any part or portion of the work done or material furnished under 
this contract shall prove defective and not in accordance with the plans and 
specifications, and if the imperfection in the same shall not be of sufficient 
magnitude or importance as to make the work dangerous or undesirable, 
or if the removal of such work will create conditions which are dangerous 
or undesirable, the engineer shall halve the right and authority to retain 
such work, but shall make such deductions in the final payment therefor as 
may be just and reasonable." 

/. Arbitration. — One of the serious uncertainties in estimating the 
cost of work by contractors arises when the decisions of the various 
questions which may arise under a contract are left to the decision of 
the engineer. Where the contractor has done previous work under a 
certain engineer, his character and the decisions which he will give 
under the various conditions of contract work may be known, but when 
a bid is made under an engineer who is unknown or under an engineer 
who is young and inexperienced, the uncertainties become quite serious 
and a considerable addition must be made to the prices bid to cover 
the possibilities of unjust requirements. 

In most work it is essential that the work should proceed, and it 
is desirable as a general rule that the decision of the engineer shall be 



General Conditions of the Contract 1 8 1 

accepted and complied with so far as the immediate action of the con- 
tractor is concerned. It is desirable however, both on account of its 
effect upon the prices bid and on account of fairness that, in all mat- 
ters of moment where serious differences may arise between the con- 
tractor and engineer, some provision be made by which an appeal 
can be taken to a board of arbitration. Where arbitration is provided, 
the clause in regard to the engineer's decision may be included essen- 
tially as follows : 

^'Engineer's Decisions: The engineer shall, within a reasonable time, 
decide all questions or claims of either party to this contract and all mat- 
ters relating to the execution and progress of the work or the interpreta- 
tion of the plans, specifications and contract. 

"Unless otherwise provided, all the engineer's decisions shall be sub- 
ject to arbitration." 

The following specification on this subject is written in general 
accordance with the specification for arbitration recommended by the 
American Institute of Architects : 

''Arbitration. — Unless otherwise specifically provided, all questions in 
dispute under this contract shall be submitted to arbitration at the choice 
of either party to this contract. The general procedure shall conform to 
the laws of the state in which the work lies; and wherever permitted by 
law, the decision of the arbiters may be filed in court to carry it into effect. 

"If the engineer fails to make a decision within a reasonable time, an 
appeal to arbitration may be taken, as if his decision had been rendered 
against the party appealing. In such cases and in a case of an appeal from 
the engineer's decision, the demand for arbitration shall be filed with him 
in writing'within ten days thereafter; and in no case later than the time of 
final payment. 

"The parties may agree upon one arbiter, otherwise there shall be 
three: one named in writing by each party, and the third chosen by the 
two arbiters so selected; or if the arbiters fail to elect a third within ten 
days, he shall be chosen by the presiding official of the nearest Bar Asso- 
ciation. Should the party demanding arbitration fail to name an arbiter 
within ten days of the demand, his right to arbitrate shall lapse, and the 
decision of the engineer shall be final and binding on him. Should the 
other party fail to choose an arbiter within ten days, the engineer shall 
appoint such arbiter. Should either party refuse or neglect to supply the 
arbiters with any papers or information demanded in writing, the arbiters 
are empowered by both parties to take ex parte proceedings. 

"The arbiters shall act with promptness. The decision of any two 
shall be binding on both parties to the contract. The decision of the ar- 
biters upon any question subject to arbitration under this contract shall be 
a condition precedent to any right of legal action. 



182 Notes on Contracts and Specifications 

"The arbiters, if they deem the case demands it, are authorized to 
award the party whose contention is sustained, such sums as they deem 
proper for the time, expense and trouble incident to the appeal; and if the 
appeal was taken without reasonable cause, damages for any delay occa- 
sioned. The arbiters shall fix their own compensation, unless otherwise 
provided by agreement, and shall assess the cost and charges of the arbitra- 
tion upon either or both parties. The award of the arbiters must be in writ- 
ing, and if in writing shall not be open to objection on account of the form 
of the proceeding or the award." 

§ 6. Prices and Payments. — The stipulation in regard to the 
financial conditions under which the work is to be done usually relates 
to the conditions under which estimates have to be given and payments 
made, together with such other special stipulations concerning guar- 
antees, bonds and signing of contract as it may be desirable to include. 

A. Estimates and Payments. 

"In order to enable the cont.ractor to prosecute the work to advantage, 
an estimate in writing will be made by the engineer once a month of the 
amount of work done and material furnished (and material delivered on the 
ground and to be used in the completed work), and of the value thereof ac- 
cording to the terms of the contract. The first estimate shall be of the 
amount or quantity in value of the work done since the party of the second 
part commenced the performance of this contract, and every subsequent esti- 
mate, except the final one, shall be of the amount or quantity and value of 
work done since the last preceding estimate was made. No such estimate of 
amount or quantity shall be required to be made by strict measurem.ent or 
with exactness but may be approximate only. 

"Upon the approval of said estimate by the chief engineer, the party of 
the first part will pay to the party of the second part eighty per cent, of such 
estimated value, and whenever said contract shall be duly completed, in ac- 
cordance with the terms herein contained, and in accordance with the spec- 
ifications, and when said work and material shall be accepted by the chief 
engineer, for said party of the first part, a careful and detailed estimate 
shall be made of the value of all work and material furnished under said: 
contract, and the amount due on said work shall be paid to said party of the 
second part, provided however it is not considered necessary by said first 
party to retain a certain proportion of same as elsewhere provided for pro- 
tection against claims for labor and material, for damages, for royalties or 
otherwise, and excepting also any amount retained as a guarantee for the 
maintenance of the work or material furnished under this contract, or for 
forfeiture." 

B. Delayed Payments. 

"In case any payment to the contractor on any estimate is delayed by 
the party of the first part beyond the time provided herein, said first party 
shall pay the contractor interest on the amount due at the rate of six per 
cent, per annum for the period of such delay. The term for which said 



General Conditions of the Contract 1 83 

interest sljall be paid shall, in the case of progress estimates, date from the 
10th day after the date of said estimate, to the date of payment of the esiti- 
mate, and in the case of the final estimate from thirty days after the filing 
of the certificate of completion and acceptance to the date of final payment 
of the final estimate. 

"If interest shall become due on any progress estimate, the amount 
thereof shall be added to the succeeding estimate; and if interest shall be- 
come due on the final estimate, it shall be added to such final estimate and 
paid therewith. The contractor shall not be entitled to interest on any sum 
or sums which by the terms of this contract the party of the first part may 
be authorized to retain. It is hereby agreed that such interest payments, 
if any, are to be in lieu of any claims of the contractor for alleged dam- 
ages, for breach of contract, or otherwise, on account of delayed payments." 

C. Extra Work. 
"All extra work done under this contract shall be paid for at actual cost 
plus fifteen per cent." 

The above is quite a common form of specification for extra work, 
but is objectionable on account of its failure to define what is meant 
by "actual cost." The actual cost of a piece of work will of necessity 
include the cost of all material, labor and supplies furnished for the 
work in question. It includes also the cost of the time that any fore- 
man may give to this special work. The work in general must be re- 
garded as including not only the above items, but also the cost of gen- 
eral superintendence, office expenses in immediate connection with the 
work, timekeepers and other salaries and the cost, or at least the de- 
preciation, on the tools and machinery used in connection with the 
same, also other general expenses. If the contractor is doing several 
pieces of work, each job must bear its portion of general expense of 
his main office, with traveling expenses to and from the work and even 
of other lettings. Unless these are included, plus a profit, the con- 
tractor would not be able to remain in business, for all the expenses 
named must be paid from the amount received for the work in question. 

It is sometimes argued that extra work and its percentage of profit 
should be based not only on the items mentioned under actual cost, 
but also on the cost of general supervision or overhead charge and gen- 
eral expense or charge outside of the job. 

When a contract job is taken, the items of general expense, over- 
head, etc., are necessarily calculated and apportioned among the vari- 
ous jobs of the contractor, and unless the total quantity of work to be 
done on some or all of these contracts has been materially reduced, an 
amount has been previously included sufficient to take care of these 



184 Notes on Contracts and Specifications 

items. Hence, justice does not require that such items should be in- 
cluded in part of the cost of extra work unless the item of extra work 
is considerable and adds to such general expense. It may also be 
noted in this connection that, if overhead charges of a contractor's 
general office were to be considered as a part of the actual cost of 
the work under each individual contract, this might become bur- 
densome in the event of the contractor's having, during a given 
time, only a single job to which all of such expenses would have 
to be charged. It therefore seems just to eliminate the general ex!- 
pense and overhead charge both of the contractor's general work and 
of the particular job in question, but to include all items which go to 
make up the actual cost of this work, whether ordinary or extraor- 
dinary, when incurred directly on account thereof. In general, this 
should include labor, material, supplies, immediate supervision, con- 
tractor's liability insurance, use and depreciation of small tools such 
as picks and shovels, and any other expenses directly incurred by 
or in consequence of the special work performed. Unless all of these 
are included, the ten or fifteen per cent, allowed to cover profit and 
general expense will be too small for the purpose, as insurance on cer- 
tain classes of hazardous work may amount to several per cent, on the 
pay roll ; and the cost of foreman, especially on difficult work, may 
sometimes be almost or quite as great as so-called profit allowed. 

General expense also may frequently vary from as low as five per 
cent, to as high as ten per cent, of the contract price. It will be noted 
therefore that in order to be fair, all actual expenses directly connected 
with the work should be included, and a liberal percentage above this 
allowed for general expenses and profit. 

''Extra Work,: If during the performance of this contract the engineer 
shall order in writing other work done or materials furnished which in his 
opinion cannot be classified under the unit prices of this contract, the con- 
tractor shall do and perform such work and furnish such material and shall 
he paid therefor the actual cost thereof plus fifteen per cent, in addition 
thereto. The actual cost is hereby defined to include the cost of all labor 
and materials necessary for the performance of the extra work, including any 
extra expenses increased directly on account thereof, also the wages of 
foremen and the expenses attached to contractor's liability insurance cov- 
ering the labor so employed. 

"No allowance shall be made for overhead charges, general superin- 
tendence, general expenses, contingencies, or use and depreciation of the 
construction plant; neither shall said charges include the maintenance of 



General Conditions of the Contract 185 

the contractor's camp or office, unless such camp or office be maintained 
primarily on account of such extra work." 

D. Price for Work. — The prices bid by the contractor for the con- 
struction of work can be made a part of the contract by reference to 
the proposal which should be attached to the agreement or by re-writ- 
ing the prices named in the bid directly in the agreement. 

"In consideration of the furnishing of the material and the completion 
of all work by the said party of the second part, and on the completion of 
all work and of the delivery of all material embraced in this contract in 
full conformity with the specifications and stipulations herein contained, 
the party of the first part agrees to pay the said party of the second part 
the prices set forth in the proposal hereto attached, marked 'Exhibit C,' 
which is hereby made a part of this contract. And the said party of tihe 
second part hereby agrees to receive such prices in full for furnishing all 
material and all labor required for the aforesaid work, also for all expense 
incurred by him, and for well and truly performing the same and the whole 
thereof in the manner and according to the specifications and requirements 
of the engineer. 

"On the condition of the true and faithful performance of all the pro- 
visions in this agreement and in the specifications, the party of the first 
part agrees to pay to the said party of the second part the following sums, 

to wit: , in full payment for all work, material and supplies 

indicated in this contract embracing the complete and satisfactory con- 
struction of said work as defined and described in said specifications in all 
parts and requirements.' 

E. Bond, Sureties and Special Guarantees. 

"Bond: It is further agreed by the parties to this contract that this 
contract shall be executed in triplicate, one copy being retained by the party 
of the first part, one to be delivered to the contractor, and one to the chief 
engineer. The party of the second part agrees to execute a bond for the 

sum of dollars for the satisfactory performance of the work in the 

form provided for that purpose, and it is agreed that this contract shall be 

void until such bond is furnished and approved by 

''Sureties: With the execution and delivery of this contract the con- 
tractor shall give security for the faithful performance of the contract by 
filing with the board one or more surety bonds in the form annexed hereto, 
the aggregate amount of which shall be not less than forty per cent, of the 
estimated total contract price. Each bond must be signed by the con- 
tractor and the sureties. The sureties, and the amount in which each will 
qualify, must be satisfactory to the board. 

"Should any surety upon the contract be deemed unsatisfactory at any 
time by the board, notice will be given the contractor to that effect, and the 
contractor shall forthwith substitute a new surety or sureties satisfactory 
to the board. And no further payment shall be deemed due or shall be 



1 86 Notes on Contracts and Specifications 

made under this contract until the new surety or sureties shall qualify and 
be accepted by the board. 

"At the expiration of each year after the date of contract the liability 
of the sureties under the bonds may be reduced to that extent to which^ 
in the opinion of the board, the need for surety is reduced, until such lia- 
bility shall amount to twenty-five per cent of the original liability, at which 
amount the bonds shall remain in full force and virtue until the completion 
of the entire work." 

F. Guarantees, Bonds, or Per Cent. Retained. — Guarantees made 
for maintaining the work or operating the plant for a definite period 
are generally protected either by a bond or by the retention of a per- 
centage of the contract price. 

"The said contractor further agrees that the said city shall be and is 
hereby authorized to retain out of the money payable to the contracted 
under this agreement, the sum of five per cent, of the amount of this con- 
tract and to expend the same in the manner hereinafter provided for in 
making such repairs on the line of said work as the engineer may deem 
necessary. The said contractor further agrees that if, at any time during 
a period of six months from the date of the final completion of the work 
contemplated in this contract, any part of said work shall, in the opinion 
of the said engineer require repairing, and said engineer shall notify the 
contractor in person or by mail to make the repairs so required, and that 
if the said contractor shall neglect to make such repairs, to the satisfaction 
of the said engineer, within three days after giving or mailing such notice 
to the said contractor, his agent or attorney, then the said engineer shall 
have the right to employ such other person or persons as may be deemed 
proper to make the change; and the said party of the first part shall pay the 
expense thereof, out of the sum retained for the purpose, by it, as before 
mentioned. And the said city further agrees upon the expiration of the 
said period of six months, provided that the said work shall at that time 
be in good order, that the said contractor shall be entitled to receive the 
whole or such part of the sum lasit aforesaid as may remain after the ex- 
pense of making said repairs in the manner aforesaid shall have been paid 
therefrom." 

§ 7. Responsibility of Contractor as Affecting Party of the 
First Part. — Contracts for work or for furnishing material, etc., are 
usually entered into on account of the familiarity and equipment of the 
contractor which will enable him to do the work of this class to ad- 
vantage, and in order that the party of the first part may have the 
work done without personal responsibility either as to the operations 
of construction or the ultimate results of the work. In order that the 
contractor may be required to assume these responsibilities, various 
stipulations are necessary, and such responsibilities must be stipulated 



General Conditions of the Contract 187 

in detail, and great care must be exercised on the part of the engineer 
to see that all such matters be fully covered. 

A. Persons Interested in Contract. 

"No person or persons other than ■ whose name 

affixed hereto as part . . of the second part now ha . . any interest hereunder 
as contractor... This contract shall be void if any member of the board 

or other officer of the city of or any person in the employ of said 

board or said city is or shall become directly or indirectly interested as con- 
tracting party, partner, stockholder, surety or otherwise in the perform- 
ance of this contract or in the supplies, work or business to which it re- 
lates or in any portion of profits thereof. Provided that incidental interest 
such as the ownership of stock or bonds in a railroad, telephone or other 
public utility, which may as an incident to its usual business furnish serv- 
ices or supplies to the contractor, shall not be included in the meaning of 
this provision." 

B. Personal Attention of Contractor. 

"The contractor shall give personal attention to the faithful prosecution 
and completion of this work and shall be present either in person or by 
duly authorized representative on the site of the work continually during 
its progress. He shall maintain an office on or adjacent to the site of the 
work." 

C. Contractor's Address. 

"Both the address given in the proposal upon w^hich this contract is 
based and the contractor's office at or near the site of the work are hereby 
designated as places to either of which notices, letters or other communica- 
tions to the contractor may be mailed or delivered. The delivering at either 
of the above named places of any such, notice, letter, or other communica- 
tion from the party of the first part to the contractor shall be deemed suffi- 
cient services thereof upon the contract, and date of said services shall 
be the date of such delivery." 

D. Contractor's Agent. — To avoid the assumption of personal re- 
sponsibility by the party of the first part, the right to direct individual 
workman should not be reserved. Such instructions as may be neces- 
sary must be given only to the contractor or to his duly authorized 
agent, and to assure the constant attendance of some duly authorized 
agent of the contractor, during the progress of the work, requires a 
specific clause in the agreement. 

"The contractor, during his absence from the work, shall keep a com- 
petent superintendent or foreman upon th-e work, fully authorized to act for 
him in his absence, and to receive such orders as may be given for the 
proper continuance of the work. Notice of any imperfections in the work 
or material furnished to any foreman or agent in charge of any portion of 
the same, in the absence of the contractor, shall be considered as notice 
to the contractor." 



188 Notes on Contracts and Specifications 

E. Obscn'ance of Laz\.'s and Ordinances. — When an agreement is 

made, especially by a municipal corporation, for work to be done in 

city streets, or when the public may become interested or affected, a 

stipulation should be included binding the contractor to observe the 

laws and ordinances so that he may claim no exemption on account of 

the provision of the agreement. 

"The party of th« second part shall be subject to all laws and ordi- 
nances of the city of , , within which city this agreement is 

to be fulfilled, and said contractor shall be entitled to no exemption there- 
from on account of this contract." 

F. Protection Against X.egligencc and Damages. — In every agree- 
ment stipulation should be included providing for the protection of 
public property, and the liability of the contractor should be fixed for 
any negligence of himself or of his employees and for resulting dam- 
age occasioned thereby. 

"Should anj' work be done or material furnished or placed on the pub- 
lic steets or ways or in any other place where protection is necessary, the 
contractor shall, at all times, and especially during the night, put up and 
maintain such bearers and red lights and take such other needful precau- 
tions as may be necessary to effectually prevent the happening of any acci- 
dents in consequence of- the work being done or material being deposited in 
such places, and the contractor shall be liable for all damages occasioned 
in this way or by reason of his act or neglect or of that of any authorized 
sub-contraetor or any agent, employee or workmen; and the said contractor 
shall save and keep harmless the said first party from all suits or demands 
for damages alleged to have occurred to persons or property by reason of 
said work or of so placing said material or from said act or negligence. 

"And the said party of the second part further agrees during the per- 
formance of the work to take all necessary precaution and to place proper 
guards for the prevention of accidents and put up at night suitable and 
sufficient light and will indemnify and save harmless the said parties of the 
first part from all damages and costs to which they may be put by reason of 
injury to the person or property of another, resulting from negligence or 
carelessness in the performance of the work or in guarding the same, or 
from any improper material used in its construction, or by or on account of act 
or omission of the said party of the second part or the agent thereof; and the 
said party of the second part hereby further agrees that the whole or so much 
of the money due under or by virtue of this agreement as shall or may be 
considered necessary by the aqueduct commissioners shall, or may be, re- 
tained by the parties of the first part until all suits or claims for damages, 
as aforesaid, have been settled and satisfactory evidence to that effect fur- 
nished the said commissioners. 

"The said contractor shall take proper means to protect the adjacent 
or adjoining property or properties in any way encountered or which might 



General Conditions of the Contract ] 89 

be injured by any process of construction, to be undertaken under this, 
agreement, and he shall be liable for any or all claims for damages on ac- 
count of his failure to fully protect all property injured during or on ac- 
count of such, construction." 

G. Protection Against Claims for Labor and Material. — The agree- 
ment should contain stipulations protecting the party of the first part 
from all claims for labor and material furnished for the completion 
of the contract, and it should also contain any special restriction neces- 
sary for the method of paying labor on the work. 

"The said party of the second part agrees that he will indemnify and 
save harmless the party of the first part from all claims against said first 
party for material furnished or work done under this contract, and it is 
further agreed by the party of the second part that said second party shall 
if so desired furnish the said first party satisfactory evidence that all per- 
sons who have done work or furnished material under this agreement have 
been duly paid for such work or material, and in case such evidence is de- 
manded and not furnished to the aforesaid first party, such amount as may, 
in the opinion of the said first party, be necessary to meet the claims of the 
persons aforesaid, may be retained from the money due said party of the 
second part under this agreement, until satisfactory evidence be furnished 
that all liabilities have been fully discharged." 

H. Protection Against Royalties on Patented Inventions. — The 
party letting the work should commonly be protected from suit for 
damages occasioned by the use of patented articles on or in connection 
with the work or the installation included in the contract. A stipula- 
tion should therefore be included in the specifications by w^hich the 
contractor agrees to protect the party of the first part from any and 
all royalties on any patented invention installed or tised by him in con- 
nection with the work, or if the said party of the first part is to pay 
for such royalties it should be so provided and specified. Such stipu- 
lations should especially be provided in the agreement covering in- 
stallation of machinery or in the installation of various works for man- 
ufacturing or similar installation. 

"The contractor shall protect and save harmless the party of the firis't 
part from all and every demand for damages, royalties or fees on any 
patented invention used by him or used in connection with the work done 
or material furnished under this contract, and it shall be the duty of such 
contractor if so demanded by the party of the first part to furnish said 
first party with a proper legal release or indemnity from and against all 
such claims, and any or all payments may be withheld from said contractor 
until said release is furnished if the party of the first part so elects." 



1 90 Notes on Contracts and Specifications 

/. Assignment and Subletting. — In cases where the agreement is 
drawn for the personal skill or professional knowledge of the con- 
tractor, no assignment or subletting of the work would naturally be 
permitted. In other cases, it is usually desirable that the assignment 
or subletting of the work, or any part thereof, shall be done only with 
the knowledge and consent of the parties of the first part or their duly 
authorized agents. It is therefore customary to include in the agree- 
ment some clause, stipulating such restrictions in regard to this matter 
as the conditions may make desirable. 

"The said contractor further agrees that he will give his personal at- 
tention to the fulfillment of this agreement and that he will not sublet the 
aforesaid work or the furnishing of the aforesaid material, but will keep 
the same under his personal control, and that he will not assign by power 
of attorney or otherwise any portion of said contract unless by and with the 
previous consent of the first party as signified by endorsement of this agree- 
ment by the officials whose signatures are attached hereto. 

/. Abandonment and Forfeiture. — In order to provide for due 
progress on the work under the conditions of abandonment of the same 
by the contractor, it is customary to introduce a stipulation whereby 
the parties of the first part may, after due notification to the con- 
tractor's sureties, carry the work to completion. 

"In case the contractor shall abandon the work and fail or refuse to 

commence it again within days after notification from the first party, 

or if he should fail to comply with the orders of the engineer or with this 
agreement or with the specifications hereto attached, then, and in that case, 
the sureties on the bond shall be notified and directed to complete the same. 
In case the sureties fail to comply with the notice, the first party may, within 

days after serving such notice, carry on the work at the expense of 

the contractor and sureties." 

K. Time and Order of Completion — Liquidated Damages — Right 
to Diseontinue Work. — The time of completion of a contract is often 
of great importance, and in all contracts, even where the importance of 
early completion is not great, a time of completion should be specified, 
otherwise the work may be delayed luidtily. 

The time of completion must often be made the essence of a con- 
tract on account of : 

(a) The necessity of having a given work completed to meet cer- 
tain emergencies, contingencies or uses. 

{b) On account of the losses of interest on investment or other 
damages which may be occasioned by delay. 



General Conditions of the Contract 1 9 1 

For these reasons, and perhaps for many others which might he 
mentioned, a specific time of completion should be stipulated in the 
agreement. It is also frequently desirable that certain portions of the 
work shall be completed first, and that other portions of the work shall 
follow in a given order, to best serve the purposes of the construction. 
In such cases, the order of completion may be an essential feature of 
an agreement. The character of the work may also be such that it 
cannot be properly performed under certain weather conditions, and 
it may become desirable to discontinue the work when such conditions 
arise. When such conditions are likely to arise, stipulations to this ef- 
fect should be included in the agreement. 

There can be no doubt that a contractor is legally bound by a 
stipulation to complete a contract on a given day or date provided the 
time limit is reasonably possible, and provided also that he is not de- 
layed by conditions entirely beyond his control. When a contractor 
delays the time of completion beyond that specified in the contract, and 
especially when such delays are caused by his own negligence, he is 
undoubtedly liable for damages occasioned by such delays, and such 
damages can be collected by due process of law. The agreement may 
fix a certain sum as damages for delay, but there is always a question 
as to whether the amount fixed may be actually retained or recovered 
at law. While it is a common practice in such stipulations to define 
the sum to be retained as "liquidated damages," it is nevertheless true 
that the court will usually not regard such sum as actual ''liquidated 
damages," unless it can be shown that the actual damages sustained 
were equal to or greater than the amount as named. In such cases 
the court will not sustain a penalty but will sustain the collection or 
retention of the actual damage when said damage is not less than the 
amounts named in the contract.^-'"' 

It may here be noted that difficulties in the way of construction, 
casualties, accidents, etc., are not excuses which will tend to relieve the 
contractor from "liquidated damages." On the other hand, a delay 
occasioned by the party of the first part or by other contractors may 
relieve a contractor from "liquidated damages." ^^ When liquidated 
damages are actually incurred, such damages are sometimes waived by 

13 Wait, Engineering and Architectural Jurisprudence, sees. 315 to 320, 
i«Ibid, sees. 324 and 326. 



1 92 Notes on Contracts and Specifications 

a failure to notice the default or by allowing the work to continue and 
payments to be made as if such default had not occurred. ^^ 

"The party of the second part further agrees that the work shall be 
commenced and carried on at such point and in such order of precedence as 
may be directed by the party of the first part. 

"The said party of the second part further agrees that he will commence 

the work within days after the execution of this contract, and will 

progress therewith so that by the day of , 19 . . , the work shall 

be completed in accordance with this agreement." 

L. Rate of Progress and Forfeiture. — When the time of comple- 
tion is important, and the length of time necessary for construction is 
considerable, it is not sufficient simply to provide that the work shall 
be completed at a certain date, for with such a provision no recourse 
can be had against the contractor until after the date of completion. 
To assure the prompt completion of the work, it is desirable in all such 
agreements to stipulate that the rate of progress shall be made an es- 
sential feature of the contract, and it should be provided that unless the 
rate of progress necessary to complete the work in the specified time 
is maintained, the contract may be forfeited and relet, or the work 
prosecuted by other means, which means should be specified in detail. 

Failure to maintain a given rate of progress and the consequent 
forfeiture of a contract are serious features when forfeiture is actually 
declared, and are apt to lead to litigation. For this reason, the method 
of determining progress should be clearly defined, so that the right to 
declare forfeiture in case forfeiture is declared, may be perfectly clear. 

The fundamental basis on which the rate of progress and comple- 
tion of all contracts must depend, is the number of days' work to be 
done, and the time available for doing it. Under ordinary conditions, 
the rule for determining the rate of progress is to first determine the 
total number of days worked included in all classes of work covered 
by the contract, and divide by the time. The quotient will be the num- 
ber of days' work which must be done in each unit or division of time. 
The factors in the problem are the quantity of work, and the time in 
which it is to be done ; and the ordinary and usual method of calculat- 
ing the quantity of work is by the day's work. 

The term "day's work" represents the amount of work which can 
be done by one man in one day, and is independent of the pay which 
the man receives: thus, a laborer at $1.75 per day, a stone-cutter at 



17 Ibid, sec. 325. 



General Conditions of the Contract 1 93 

$6.00 per day, or a sculptor at $50.00 per day would each do one day's 
work in one day's time. The cost, therefore, is not the measure of 
quantity of work, although it is the measure of value. 

In all contracts, how^ever, where one class of work only is involved, 
or where the classes are so similar that the cost of the same is in pro- 
portion to the work done, quantity and values are essentially similar, 
and the rate of progress may be measured by either quantity or value. 
From the inception of the work, the engineer must bear in mind the 
time required for its completion, and the rate of progress must be based 
upon the actual time which will be required for completion. Often on 
account of the nature of certain portions of the work, a greater portion 
of time must be allowed for the execution of certain classes of work, 
and on others on account of limited space or other conditions where 
only a certain number of days' work per day are possible. Frequently 
correlative work, or work which depends for its execution on the com- 
pletion or progress of other work, will take no especial or distinct por- 
tion of time for its execution, as it can progress as other work pro- 
gresses-. 

In the practical execution of work, another feature must be con- 
sidered in this connection, that is, the preparation for the execution of 
work. It takes a certain length of time to get the plant on the ground, 
and to get it in shape for the proper performance of its functions. 
Then, too, in the beginning of a work it is impossible to accomplish as 
much the first month as the second, or the second month as the fourth, 
but a considerable time must elapse before the work is in full swing 
and can be systematically prosecuted. This is due to the fact that men 
and machinery are new and also to the fact that work cannot be well 
prosecuted until it is opened up and rendered accessible. 

Rate of progress also depends on the plant installed, and the spec- 
ifications requiring a higher rate of progress may involve an expendi- 
ture for a plant which will add materially to the cost of the work. The . 
plant must necessarily be selected in view of the time of completion 
and the rate of progress required; thus, a single steam shovel will 
handle from 600 to 1,000 yards of earth per day and cannot be set up 
to advantage for removing less than 100,000 yards. If the rate of 
progress specified is so great that a large number of shovels are re- 
quired, the investment involved is very large, and the cost per yard 
may be greatly increased over what the cost would be if sufficient time 
wert allowed so that only one shovel would be required. 



194 Notes on Contracts and Specifications 

A high rate of progress of work is often possible where it is not 
feasible, for the element of cost is important not only to the contractor 
who takes the work, but also to the party having the work done, for 
the contractor must base his charges on the absolute requirements of 
construction. 

The specifications of the Sanitary District of Chicago, provide : 
"The work done each month shall not be less than the proportion in- 
dicated by the total number of months, provided that the first four months 
after notice to begin shall be considered as one month and the last two 
months before completion as one month, and provided further that this rate 
shall not be required if at any time the aggregate work done exceeds the 
total proportion due to the time that has passed since notice to begin work, 
and always provided that the sanitary district shall not be obliged to make 
payment in excess of the above month in proportion." 

The Aqueduct Commission of the City of New York, in a con- 
tract for Section 13 of the New Croton Aqueduct required: 

"That the rate of progress shall be such that, 1st, in 100 days from the 
execution of the contract both the shafts shall be excavated to their full 
depth; 2d, in each and every month, commencing 60 days from the time the 
shafts must be excavated, not less than one-ninth of the total length of each 
heading shall be excavated; 3d, on or before the 30th day of September ,> 1887, 
the whole work shall be completed in accordance with this agreement." 

In a contract for the improved sewerage of the City of Lynn, 
Massachusetts, the requirement for time of beginning, rate of progress, 
and time of completion, are as follows : 

"The said contractor further agrees that he will commence the work 
within ten days of the execution of the contract and will progress there- 
with so that by the 20th day of October, 1887, the value of the work done, 
and the materials delivered shall at least equal one-third of the value of the 
total amount of work to be done and the materials to be delivered under 
this contract and by the 15th of November, 1887, said value shall at least 
equal one-half of said total amount, and by the first of July, 1888, the whole 
work shall be completed in accordance with this agreement." 

This last specification includes work in which the amount of work 
and material is fairly measured by the value of said w^ork and material. 
In many contracts this is frequently not the case. For example, in 
works for construction of levees, which require the clearing and grub- 
bing of land and in which the price for said clearing and grubbing is 
included in the price per cubic yard for the levees, the cost of the pre- 
liminary work may be very considerable and may require a considerable 
amount of labor and time, for which, in the contract, no direct return 



General Conditions of the Contract 1 95 

is received, and an allowance for time must necessarily be made for 
the execution of these preliminary works. 

M. Liquidated Damages. — Liquidated damages to the extent of 
the actual damages occasioned by the delay will undoubtedly consti- 
tute a legal and valid claim. 

"Should the contractor fail to complete the work as herein specified 
within the time named, unless granted an extension of time by the party of 
the first part, he shall be liable for the wages of the superintendent on his 
work from the above specified time to the date of the engineer's certificate 
of completion of his work, and the amount of such wages shall be deducted 
from the money which may be due to him from the amount of the final esti- 
mate, or if no monies shall be due him from the party of the first part, then 
the amount shall be recoverable from the contractor or his surety. 

"The said contractor hereby further agrees that the said 

shall be and is hereby authorized to deduct and retain out of any money 
which may be due or become due to the said contractor, under this agree- 
ment, the sum of dollars ($..) per day as liquidated damages for 

every day the aforesaid work may be uncompleted over and beyond the 
time herein stipulated for its completion: provided, however, that the said 
first party shall have the right to extend the time for the completion of the 
said work if he should decide so to do. 

"And the said party of the second part agrees to commence the work 
herein required to be done within days after the signing of this con- 
tract, and that the rate of progress shall be such that on or before the .... 

day of , 19.., the whole works shall be completed according to th.is 

agreement. 

"In case the said party shall fail to fully and entirely, and in con- 
formity with the provisions and conditions of this agreement, perform and 
complete the said work and each and every part and appurtenances thereof 
within the time hereinbefore specified for such performance and comple- 
tion, or within the said further time which may be allowed by 

for such performance and completion, the said party of the second part shall 

and will pay to the said party of the first part the sum of ($• • ) for 

each and every day that the said party of the second part shall be in default, 
which said sum of ($••) per day is hereby agreed upon and deter- 
mined by the parties hereto as the damages which the party of the first 
part will suffer by reason of such default and not by way of penalty, and 
the said parties of the first part may deduct and retain the said sum of 

($••) per day out of any money which may be due or become due 

under this agreement." 

§ 8. Conduct of the Work. 

A. Keeping of Plans and Specifications Accessible. — It is usually 
desirable to have plans and specifications readily accessible on the work, 
in order that the requirements of the contract can be discussed and 
defined by the engineer or inspector with the contractor and his su- 



1 96 Notes on Contracts and Specifications 

perintenclent. These papers can usually be made most conveniently 

accessible by being kept at the contractor's local office or in some other 

manner on the work. A clause to this effect is commonly desirable. 

"The contractor shall keep a copy of the plans, profiles and specifica- 
tions constantly accessible on the work for the use of the engineer and in- 
spector in the work of supervision." 

B. Character of Workmen. — (Foreign labor, convict labor and 
eight-hour law.) While the party of the first part, if he would place 
the responsibility as to accidents and ultimate results on the contractor, 
must not undertake the direction of individual workmen, he may pro- 
vide that such workmen shall be faithful, orderly, competent and skill- 
ful. Where work is to be done for the public^ or must be done under 
any statutory enactments, it is desirable also to include a stipulation 
reciting the restrictions of such statutes. 

"The said party of the second part agrees to employ only orderly, com- 
petent and skillful men to do the work; and that whenever the engineer 
shall inform him in writing that any man or men on the work are, in his 
opinion, incompetent, unfaithful or disorderly, such man or men shall be 
discharged from the work and shall not again be employed on the same 
without the engineer's written consent." 

The following extract from one of the specifications of the United 

States' Reclamation Service is an example of the restrictions which it 

may be necessary to introduce in certain contracts : 

"In all construction work eight hours shall constitute a day's work and 
no Mongolian labor shall be employed thereon. The importation of foreign- 
ers and laborers under contract to perform labor in the United States or the 
Territories or the District of Columbia is prohibited. (Sec. 3738, Rev. Stat. 
U. S. Acts: Aug. 1, 1892, 27 Stat. L, 340; June 17, 1902, Sec. 4, 32 Stat. L, 
388; Feb. 26, 1885, 23 Stat. L., 332; and Feb. 23, 1887, 24 Stat. L., 414.) In 
the performance of this contract no persons shall be employed who are un- 
dergoing sentences of imprisonment at hard labor imposed by courts of the 
several States, Territories or municipalities having criminal jurisdiction. 
(Executive order, May 18, 1905.)" 

C. Losses and Damages. — It is also desirable that a clear under- 
standing shall exist as to who is to bear the expense due to casualties 
or to losses due to the action of the elements or expenses incurred from 
other unforeseen conditions or contingencies which may increase the: 
cost of the work. These conditions are usually controlled to a greater 
or less extent by the skill, care and methods used by the contractor. 
For this reason he is usually required to bear the expense of the same. 



General Conditions of the Contract 197 

"All loss or damage arising out of the nature of the work to be done or 
from the action of the elements or from any unforeseen circumstances in 
the prosecution of the same or from unusual obstructions or difficulties 
which may be encountered in the prosecution of the work, or from any 
casualty whatsoever of every description, shall be sustained and borne by 
the contractor at his own cost and expense." 

D. Protection of Finished or Partially Finished Work. — It is com- 
monly desirable for the liability for the care of wholly or partially 
finished v^ork to remain in the contractor until the entire completion 
of the contract, and he shall not be relieved in this matter on account 
of estimates or payments made on such work. 

"The contractor shall take all necessary precautions to protect all work 
done, or material furnished under this agreement, from injury by action of 
the elements or by the process of construction; he shall also take proper 
means to protect adjacent or adjoining property or property in any way en- 
countered or which might be injured by the process of construction to be 
taken under this agreement." 

"The contractor shall properly guard and protect all finished or par- 
tially finished work, and shall be responsible for the same until the entire 
contract is completed and accepted by the engineer. Estimate of partial 
payment on work so completed shall not release the said contractor from 
such responsibilty but he shall turn over the entire work in full accordance 
with the specifications before final settlement shall be made." 

"The contractor shall take all necessary precautions to protect all work 
done or material furnished under this agreement from injury by the action 
of the elements or the processes of construction, and on completion of the 
contract shall turn over the same and every part thereof in full accordance 
with these specifications." 

E. Hindrances and Delays. — Various unexpected hindrances and 
delays during the process of construction may add considerable to the 
expense of the work. The contractor is commonly required to sus- 
tain such extra expense without extra compensation. In writing such 
stipulation, care must be exercised to see that no injustice or unneces- 
sary hardship is placed on the contractor. 

"No charge shall be made by the contractor for hindrances or delays 
from any cause (except where work is stopped by order of the parties of 
the first part) during the progress of any portion of the work embraced in 
this contract, but such delays may entitle him to an extension of time, 
allowed for completing the work, sufficient to compensate for the detention; 
the amount of the detention to be determined by the engineer, provided the 
contractor shall give the engineer immediate notice in writing of the cause 
of such detention. In case said work shall be stopped by the act of the 
party of the first part, then such expense as in the judgment of the engineer 
is caused by such stopping of said work, other than the legal cost of carry- 



1 98 Notes on Contracts and Specifications 

ing on the contract, shall be paid by the party of the first part to the party 
of the second part. 

"The reserve the right of suspending the whole or any 

part of the work contracted to be done when they shall deem it for the in- 
terests of the City of so to do, without compensation for loss 

to the contractor for such suspension other than extending the time of com- 
pleting the work as much as it may have been delayed by such suspension; 
and if the said work shall be delayed for the reason that the parties of the 
first part do not own or have not obtained possession of land on which same 
is to be performed, then and in that case and every such case, the party of 
the second part shall be entitled to so much additional time wherein to pier- 
form and complete this contract on his part as the engineer shall certify in 
writing to be just, but no allowance by way of damages shall be made for 
such delay. Neither an extension of time for any reason beyond that fixed 
herein for the completion nor the doing and acceptance of any part of the 
work called for by this contract, shall be deemed to be a waiver by the said 
commissioners of the right to abrogate this contract for abandonment or 
delay, in the manner provided for in the paragraph marked .... in thi& 
agreement." 

F. Defects^ and Their Remedies. — (Work and material.) Work 
and material furnished on a contract must be fully in accordance with 
the agreement and specifications. W^ork that has been done and is not 
of the quality required by a reasonable interpretation of the specifica- 
tions should be torn down or removed and rebuilt in accordance with 
the requirements. If the same materials when brought on the site of 
the work are not found satisfactory and in full accordance with the 
agreement and specifications, they should be removed at once so that 
they may not be used in the work either by mistake or when the engineer 
is not aware of such use. A stipulation to this affect in the agreement 
is therefore adviasble. 

"And it is further agreed that if the work or any part thereof, or any 
material brought on the ground for use in the work, or selected for the 
same, shall be deemed by the engineer as unsuitable, or not in conformity 
with the specifications, the contractor shall forthwith remove such material 
and rebuild or otherwise remedy such work in accordance with the direc- 
tions of the engineer." 

G. Construction Plant. — Agreements are usually made with con- 
tractors for certain classes of work on account of their experience in 
such work and on account of their possession of necessary tools, ma- 
chinery and plant for the construction of the work in question. The 
agreement should therefore include a stipulation providing that the con- 
tractor shall furnish the necessary tools, machinery, equipment and 



General Conditions of the Contract 1 99 

plant for the construction of the work to be done under the agreement, 
unless such tools, machinery, equipment, and plant are to be furnished 
by the party of the first part. 

"The party of the second part shall provide all labor, tools and machin- 
ery and material necessary in the prosecution and completion of this con- 
tract where it is not otherwise specially provided that the party of the first 
part shall furnish the same, and it is also to be understood that the party of 
the first part shall not be held responsible for the care or protection of any 
material, tools or machinery or for any part of the work until it is finally 
completed and accepted. 

"The said contractor shall furnish the necessary scaffolding, ways and all 
necessary means and conveniences for the transfer of the material to its 
proper place, and for its erection; and it is also to be understood that the 
party of the first part shall not be held responsible for the care or protection 
of any material or part of the work until its final acceptance." 

§ g. Police and Sanitary Regulations. — Certain restrictions are 
usually desirable in order to enforce satisfactory police and sanitary 
conditions and to prevent trouble from the use of intoxicants on the 
work. The latter is especially essential when the work to be done is 
isolated from communities where liquor is sold under license. 

A. Sanitation. 

"Necessary sanitary conveniences for the use of laborers on the work, 
properly secluded from public observation, shall be constructed and main- 
tained by the contractor in such manner and at such points as shall be ap- 
proved by the engineer, and their use shall be strictly enforced. 

"The chief engineer may establish sanitary and police rules and regula- 
tions for all forces employed under this contract; and if the contractor fails 
to enforce these rules, the engineer may enforce them at the expense of the 
contractor." 

B. Intoxicants. 

"The contractor shall neither permit nor suffer the introduction or use of 
spirituous liquors upon or about the works embraced in this contract or 
upon any grounds occupied by him, 

"The use or sale of intoxicating liquor is absolutely prohibited on the 
work except under the direction and supervision of the engineer, and then 
only for medicinal purposes." 

C. Contractor's Buildings. 

"The building of structures for housing men, or the erection of tents or 
other forms of protection will be permitted only at such places as the engi- 
neer shall provide, and the sanitary condition of the grounds in or about 
such structures shall at all times be maintained in a manner satisfactory to 
the engineer." 



CHAPTER XIII 

TECHNICAL SPECIFICATIONS 

§ I. Breadth of Knowledge Necessary. — Engineering specifi- 
cations may cover almost any phase of industrial activity, and it is ob- 
vious that no individual can, from his experience and immediate 
knowledge, be prepared to write suitable specifications for all of the 
multitude of engineering and architectural works, machines, materials 
and processes for which such specifications are sometimes needed. 
Even where the specifications are for matters within the experience 
and knowledge of the individual, and even though he has frequently 
prepared similar papers, the difference in conditions, the advances 
in the art, the improvements in methods, and the special economies 
possible, usually require thoughtful preparation and a readjustment 
of the ideas that have previously been embodied in such papers. 

In almost every important work, new conditions and new require- 
ments may involve detailed methods not fully familiar or possibly even 
quite unfamiliar to the engineer in charge, and he is obliged to pre- 
pare a specification for an object or result somewhat beyond his ex- 
perience. 

In all cases, and particularly in the case last mentioned, the engi- 
neer must know either by experience or by investigation, the nature 
of the material and processes best adapted to the particular case at 
hand, and the limitations and restrictions that it is desirable and com- 
mercially possible or practicable to specify for the guidance in fur- 
nishing the material and doing the work of construction. Every 
source of information should be utilized, and even these will often be 
found too limited for his full information. 

§ 2. Detailed Information Needed. — In the preparation of tech- 
nical specifications, it is essential that the engineer should possess a 
comprehensive and detailed knowledge of : 

First. The qualities and characteristics of the various materials 
to be used and the practicable limits to which the qualities necessary 
for the work in question should be restricted. 

Second. The usual and practicable methods of performing the 
work to be done in such a manner that it will be completed without 



Technical Specifications 201 

unnecessary expense and in a manner satisfactory for the purpose 
which it is to fulfill. 

Both requirements presuppose a somewhat broad and complete 
knowledge of the material and processes considered. Such a knowl- 
edge is acquired only by extended study, observation and experience, 
and is not usually possessed by the young engineer or by an engineer 
who has been called upon to undertake work in lines somewhat differ- 
ent from his previous practice. In such cases, systematic study, in- 
cluding observation and investigation, can only partially take the 
place of the knowledge gained by experience, and without systematic 
study such specifications cannot be properly prepared. In many cases, 
experience is absolutely necessary, for the necessary requirements 
which should be included in correct specifications are not always suffi- 
ciently elaborated in available technical papers or books, nor is it al- 
ways practicable to obtain a sufficient knowledge of the same through 
limited observation and investigation. 

Third. The ability to designate in detail the composition or ele- 
ments of the material or processes and the methods to be used for 
their proper production and utilization or the ability to design in de- 
tail the structure, machine or plant contemplated. 

Fourth. A knowledge of the methods ordinarily employed by the 
mechanics or operatives in the manufacture of the product or machine 
and in the construction and operation or maintenance of the plant 
or structure. 

Fifth. The experience which will foresee the necessary materials 
and methods to be employed, difficulties to be overcome, and contin- 
gencies to be met in the work. 

The more complete the knowledge of the subject, the better the 
specification, provided the engineer has the ability to express his 
knowledge in clear and exact language. 

No engineer can evolve from his inner consciousness adequate 
specifications for engineering work; and even after extended exper- 
ience, the intelligent engineer will frequently find ways in which his 
specifications can be materially improved. Extended study, observa- 
tion and investigation must therefore precede the preparation of any 
specification, and especially in lines which are new to their writer. 

§ 3. Outline. — The detailed requirements of the specifications 
for even a single fundamental material or process are seldom so sim- 
ple that they can be clearly kept in mind for the purpose of specifica- 



202 Notes on Contracts and Specifications 

tion writing without danger of serious omissions. In the preparation 
of specifications for engineering and architectural works, the materials 
are so many, the processes so numerous, and the various parts and 
divisions are so manifold that some material, process or part is apt to 
be overlooked and omitted unless special precautions are observed. 

Reliance on the memory to retain all these matters is inexpedient,. 
as most engineers have experienced to their great embarrassment. 
From similar experiences, the author was led to adopt the analytical 
method here outlined, which he has used w4th satisfaction in his prac- 
tice for almost thirty years. 

The general plan to be pursued in the preparation of these out- 
lines is to carefully divide the work to be done into its various ele- 
ments, and to set down in detail all materials and processes which 
must be included, still further subdividing and analyzing the essential 
features or requirements of each. In the cases of fundamental ma- 
terial or processes, the qualities or operations that should be limite.d 
or controlled should be similarly differentiated, classified and outlined. 

The engineer should keep his note book constantly at hand when 
considering an improvement, whether in the office, the field, or the 
drafting room, and carefully note such points as he desires to intro- 
duce in the completed work, and embody such points in his outline 
and .specifications. 

The purpose of the analysis suggested is to arrange in a logical 
order the detailed subject matter for any given specification, covering 
in each case completely, or as nearly as practicable, the entire subject 
to be considered. In general such an outline should include all items 
that should ordinarily be embraced in a specification for similar ma- 
terial, process or work. The outlines should be sufficiently complete 
to cover all ordinary conditions and requirements and in their use they 
should be carefully scrutinized to see that they include every item 
necessary for each particular case. 

With this analytical method of specification writing, collections 
of specifications of able engineers on various important works are of 
great value as suggestions, and will greatly facilitate the preparation 
of such outlines. 

A careful analysis of the work to be done or material to be fur- 
nished under any contract, is essential to rapid, accurate and suc- 
cessful specification writing. 

In the actual writing of specifications, all of the items in a com- 
plete outline will seldom be used for the particular work in hand, and 



Technical Specifications 203 

often a brief memoranda may embrace all that it is essential or de- 
sirable to mention. 

In practice, for each particular piece of work for which specifi- 
cations are to be prepared, a special outline in logical order may be 
first drawn up in which should be included all items necessary for the 
particular work. From a correct outline of this kind the specifications 
can be drawn with little chance of omission of important matters. 

After a correct outline is drawn, the specifications under each 
heading may be written, or clauses from such other specifications as 
the engineer desires to use as models, may be used so far as they apply 
to the work in hand. It is essential, however, that their bearing should 
be carefully scrutinized, and no specifications should be introduced 
which do not distinctly apply to the work in question.^ 

§ 4. The Use of Published Specifications. — In the preparation 
of technical specifications on lines that differ somewhat from those 
embraced in the experience of their engineer, the usual method has 
been to select as a basis for the new specifications, similar specifica- 
tions which have been used on other more or less similar work, and 
which are judged by the engineer to be satisfactory. 

An intelligent study and analysis of specifications which have 
already been prepared for similar work, especially where the exper- 
ience of their author renders them authoritative, is of great value and 
importance. 

There is no better source of information than well prepared speci- 
fications nor a better method of study than by a comparison of the 
practice of a number of experienced engineers as expressed by their 
specifications, and no better method of preparation than the adoption 
of well considered phrases and entire clauses that are really applicable 
to the case at hand. The error which commonly follows this practice 
lies in the abuse of such a method, and such errors can be overcome 
and this means of acquiring information utilized to advantage only by 
a full and careful analysis and comprehensive study of the subject.. 
There is no way of accomplishing the object sought without hard and 
unremitting study, and investigation and professional success are de- 



1 Similar outlines to those suggested are published: 

1st. In Sweet's Catalogue of Building Construction. (See checking list 
for specifications and estimates.) 

2d. In The Engineering Catalogues and Specification Digest, issued by 
the Engineering Magazine. (See Specification Digest.) 



204 Notes on Contracts and Specifications 

pendent on an appreciation of these requirements no less than on 
other professional knowledge and experience. 

The rewriting of a well prepared clause which clearly and defin- 
itely specifies the qualities or limitations desired in order to simply 
effect originality is not advocated. Originality in specification writ- 
ing is not a desirable object. In most cases the more original a spec- 
ification is, the poorer it is. Well established precedent is a safe 
guide to follow^, especially when proceeding beyond the domain of per- 
sonal experience, but it is essential to determine that a precedent is 
zvcll established and is a proper precedent for the condition at hand. 

In selecting for use specifications prepared by others, they should 
be modified as the conditions demand. This metliod has given and 
will give good results by careful discrimination and intelligent study, 
but it too often degenerates into simply copying with slight changes, 
the clauses prepared in previously executed work, the importance of 
which frequently differs from the work on hand and the conditions of 
which often vary largely from the work for which the new specifica- 
tions are to be used. To prepare a good specification will therefore 
require much more than even the judicious copying of other specifi- 
cations. 

A well and properly written specification will seldom apply in 
detail to other than the work for which it is prepared, and the use of 
such specifications on entirely different work under radically different 
conditions and without careful initial study and, consideration of their 
application in detail, can lead only to unsatisfactory results and is 
inexcusable. The unintelligent copying of such specifications should 
be studiously avoided. Such a method of preparation, which is alto- 
gether too common, is apt to bring embarrassment and shame on those 
who follow it. 

If the engineer is in too much of a hurry or is too indolent to 
study his subject and to properly inform himself, he is quite sure to 
copy those clauses which he does not understand, as such clauses will 
appeal to him as possibly highly essential for the perfection of his 
specifications, while frequently they will have no bearing whatever on 
his particular case, and the introduction of a clause not pertinent to 
the object at hand is a notice to contractors and manufacturers that 
their author is ignorant of his subject. 

In the careless use of this method of preparing specifications, cer- 
tain specifications are often selected only because they have been used 



Technical Specifications 205 

on important work in other places and have to the unsophisticated 
engineer, a learned sound and not because there is any necessity for 
their introduction for the particular work in question. In this manner 
certain specifications are sometimes copied and recopied until they 
have lost any shade of meaning; and in other cases, specifications are 
copied which may have no application whatever to the case in hand. 

While the insertion of useless specifications is objectionable, inas- 
much as they display ignorance of their writer in regard to the work 
at hand, yet they are ordinarily meaningless and their insertion is not 
so serious as the omission of important specifications, which is per- 
haps a still more common occurrence. 

Among the dangers of copying a specification is that the specifica- 
tion is often incomplete unless the drawing of the work, which is an 
integral part of the same, is also considered. Dimensions shown on 
the drawings are seldom repeated in the specifications ; hence if the 
specifications are carelessly copied, without due consideration, they 
may be considered as complete in themselves, where such is not the 
case. Take, for example, the following clause for a pavement : 

"Upon this sand cushion shall be laid a pavement of asphalt blocks. The 
blocks shall be i" in width and 12" in length." 

It will be noted that the depth of the block is not mentioned, such 
depth being doubtlessly shown on the drawing to which the specifica- 
tions refer. 

§ 5. Simple Specifications. — In the performance of the simpler 
forms of labor, and in the purchase of the simpler materials or sup- 
plies, and . even of simpler and smaller machines which have become 
standard, the necessary specifications are often of the simplest kind. 
Simple specifications may require only a plain and exact statement of 
the conditions that exist and the general nature of the machine or 
structure required to satisfy those conditions. Such specifications re- 
quire no elaborate special knowledge in their preparation, but such 
knowledge may be required when bids are received in order that an 
intelligent choice may be made as to the manner and method in which 
they will be best fulfilled. 

The preparation of such specifications do require a complete com- 
prehension of the conditions and the ability to outline them clearly 
and completely, so that manufacturers or contractors will know how 
the requirements are to be met. 



206 Notes on Contracts and Specifications 

In order to permit of competition in matters wherein certain 
methods or details are controlled by or are peculiar to certain indi- 
viduals or firms, the specification must be left open and should require 
that the proposal be accompanied by manufacturers' or proprietors' 
specifications, defining. in detail the material, machinery or construc- 
tion which it is proposed to furnish under a specific bid. 

In all cases, where the specfications are only general in character, 
the contractor may be required to furnish the detailed specifications 
and perhaps detailed plans with his bid, describing and showing therein 
the special details he proposes to furnish. Such specifications are 
usually requested under some general specifications, as follows : 

"The contractor shall furnish specifications describing in detail the char- 
acter of the work and material to be furnished by him under this contract. 
Such specifications, when accepted by the party of the first part and attached 
herein, shall be marked 'Exhibit ...,' and shall constitute an essential part 
hereof, and the work furnished hereunder must strictly conform thereto." 

§ 6. Detailed Specifications. — As the construction becomes more 
elaborate and details increase, it becomes more and more essential that 
the specifications be complete and in detail, for with the increase in 
details comes also greater uncertainty in regard to the character of 
the material and the methods of construction which may be used. The 
specifications are intended to fix these details beyond question, and to 
confine the character of the materials, workmanship and design within 
necessary limits. 

The preparation of such specifications requires an extensive tech- 
nical knowledge of materials, processes, designs and construction, in- 
cluding a knowledge and appreciation of commercial conditions and 
limitations which may influence the cost and efficiency of the results 
desired. 

In some cases where detailed plans and specifications are sup- 
plied, it may also be desirable to ask manufacturers or expert con- 
tractors having special experience, to submit bids not only on the 
engineers' plans and specifications but also on special plans and spec- 
ifications, embodying their own ideas and practice. 

§ 7. Modifications of Requirements. — In the preparation of spec- 
ifications, especially for public work, it is important that provisions 
should be made for such modifications in the methods which are to be 
pursued and the materials that are to be used as are likely to be re- 
quired, as any modification by the engineer in the strict requirements 
of the specifications are apt to subject him to severe although possibly 



Technical Specifications 207 

unwarranted criticism. For example : in the specifications for con- 
crete or for placing the same (see page 251), it is desirable if there is 
any chance that modifications in the character of the mixtnre or pro- 
cess will be desirable, to provide in the specifications for such modifi- 
cations and for the less or greater compensation to the contractor for 
the amount of work in which such modifications are made. The same 
rule should, of course, apply to all other materials and work in which 
modifications may become necessary. 

§ 8. The Use of Standard Materials and Methods. — Specifica- 
tions not only bind the contractor to perform his work in a certain 
manner, and to furnish material of a certain grade, but they also 
greatly influence the cost of the work and material so furnished. In 
ordinary practice it is desirable to specify only such character of ma- 
chines, material, supplies or methods as may be found on the market 
and in general use. Unusual characteristics, modifications of stand- 
ard machines, and the introduction of new methods, should be speci- 
fied only when such unusual requirements are clearly needed to secure 
the best results and after an investigation has clearly shown that the 
additional expense involved is commensurate with the better results 
to be obtained. 

Neither the best nor the cheapest is uniformly desirable or ap- 
plicable, and the ideal quality for the specific conditions in immediate 
question should be the aim in each case. Unnecessary recjuirements 
and restrictions as to the quality or character of material and supplies 
or of unusual methods of construction will add unnecessarily to the 
expense involved and are a serious error. Such specifications are only 
too common and frequently result in unwarranted expense, serious 
trouble and sometimes in legal complications. 

§ 9. Influence of Specifications on Material and Methods. — 
While it is largely true, especially in small works, that the eng'ineer 
must use these materials, products and methods which are usual and 
available and have the endorsement of common usage, it is also true 
that all such commercial products are slowly but surely modified and 
shaped by the demands of the best practice. The manufacturer who 
offers a material or a machine which is not up to standard require- 
ments, must sell to the ignorant or to others at a considerable disad- 
vantage, for a reduction in price for an inferior article may sometimes 
•compensate for lack of a higher degree of perfection. If a machine or 
material is found more or less unsuited for the purpose for which it 



208 Notes on Contracts and Specifications 

is used, and that purpose is of importance, its users will soon demand 
such changes in its qualities as will make it more satisfactory ; and 
the engineer in charge of the designs, dependent upon its use, or of 
the plants in which it may be needed as a necessary supply, should 
investigate its quality, see in what ways it may be improved and pre- 
pare specifications which will bring about the required improvements. 
Such improvements can be brought about only by expert investigation 
and a full knowledge of the subject; and the specifications must be 
made along practicable lines. 

The Altoona laboratories of the Pennsylvania Railroad are de- 
voted to such work, and the investigation and specifications, and the 
resulting betterments in materials and supplies furnished to that com- 
pany are examples of the best practice in specification writing.- 

§ 10. Responsibility. — The more general the specifications, the 
greater the degree of responsibility which the contractor should be re- 
quired to accept. As the details are defined by the specifications, the 
contractor's responsibility must of necessity decrease, for neither 
morally nor legally can a man be held responsible for results which 
are entirely beyond his control. 

In fixing responsibility by means of tests and guarantees, the 
item of the expense involved must be carefully noted, for, especially 
in smaller contracts, such requirements sometimes involve a consid- 
erable extra expense. 

It is frequently better to purchase a standard article from a manu- 
facturer of known repute, from whom the engineer is aware he can 
secure a machine which will give certain well-known results, than to 
purchase a similar article under unusual guarantee from unknown 
parties and then forego the test on account of the expense involved. 

Responsible manufacturers frequently refuse guarantees on small 
contracts unless the tests are made at their own factories, or unless 
the expense of such a test is covered by an additional compensation 
to meet the cost of making them. 

The contractor should always be held responsible for the class of 
workmanship and material desired, and his responsibility in these 
matters should be carefully covered in the specifications. 



- The Influence of Specifications on Commercial Products, by C. D. Dud- 
ley. Address Am. Soc. for Testing ^Materials, 1904. See Eng. News. Vol. 51^ 
p. .592. 



Technical Specifications 209 

§ II. Standard Specifications. — \ arioiis technical societies and 
associations have from time to time adopted "standard specifications" 
for certain materals, processes and structures. In general, such spec- 
ifications have received the careful consideration of experts who have 
had much experience in the manufacture and use of the material and 
are the result of a very free and full discussion of the various prac- 
ticable requirements of such nianufacture and use. When such spec- 
ifications are available for a material to be used in construction, their 
adoption by the engineer seems to be desirable unless the peculiar 
conditions of the case in hand make changes in the requirements es- 
sential. The standard specification and its requirements are usually 
widely known to manufacturers and contractors, and the cost of the 
material, as subject to such specification, is readily determined. 
Requirements more severe or radically different from a well estab- 
lished standard may seriously affect and render uncertain the prices 
which may be demanded. Departure from such standards should 
therefore be made with care and only for good and sufficient rea- 
sons. 

As such specifications are often well known and widely published, 
it is seldom necessary to embody them in detail in the specifications 
prepared by the engineer, but they may be made a part of such specifi- 
cation by distinct references. 

Such specifications are : 

Specifications for Portland cement, adopted by the American So- 
ciety of Civil Engineers. 

Specifications for underwriters' fire hose, adopted by the Associ- 
ated Factory Mutual Fire Insurance Companies. 

Specifications for structural steel, as adopted by the Steel Manu- 
facturers' Association. 

Other references to similar specifications will be found in the 
Bibliography at the end of this volume. 

With the development of the arts and the experience of time, these 
specifications are changed, and in referring to them the date of the 
adoption of the specifications should always be given. Such specifi- 
cations may be introduced into the contract by a reference as follows : 
"The material or work to be furnished under this contract shall be in 
strict accordance with the specifications for Structural Steel, adopted by the 

Steel Manufacturers' Association of (date), and which 

are hereby made a part hereof." 



2 1 Notes on Contracts and Specifications 

§ 12. Definite Re(^uirements. — In the preparation of specifica- 
tions for materials, processes, machinery or works with which the 
engineer is more or less unfamiliar, there is always a tendency to 
cover ignorance by indefinite requirements. 

Indefinite specifications should, wherever possible, be carefully 
excluded from all specifications, and from machinery specifications in 
particular. If it is essential to specify limiting stresses in machine 
parts, then the limits should be specified in exact language, and they 
should not be specified to be "ample" or "sufficient." Such specifica- 
tions are valueless for they leave the matter wide open for irrespon- 
sible manufacturers to do improper work, and trust to the ignorance 
of the engineer to pass it on inspection, while with reputable makers 
such clauses are wholly unnecessary. , 

The question as to what the terms ''ample," ''sufficient," etc., are 
intended to cover, must finally be decided if the machine is to be 
accepted or rejected on such a basis, and it will greatly aid in the 
clearness of the specifications if such questions are decided in the first 
place and the exact requirements inserted in place of the indefinite 
ones. General specifications in regard to workmanship must, from 
their nature, necessarily be somewhat inexact and indefinite, but when 
such clauses must be used they should be as carefully defined as pos- 
sible. When necessary such clauses may be embodied in the specifi- 
cations and defined by a specification somewdiat as foUow^s : 

"Whenever on account of the nature of the workmanship or material to 
be furnished, the specifications defining the same are, from the nature of 
such work or material, inexact or indefinite, and are specified to be 'first- 
class,' or 'satisfactory,' or by other terms in which the judgment of the in- 
dividual may vary, then and in that event, the engineer shall be the sole 
judge of the fulfillment of the same." 

Such a clause should, however, be used with care, as few con- 
tractors or manufacturers care to put themselves into the hands of 
an inexperienced or incompetent party. 

§ 13. Fundamental Elements of Specifications. — Fundamental 
materials and processes are first introduced in the discussion of spe- 
cifications not on account of their simplicity but on account of the fact 
that engineering or architectural work is made up of a series of such 
elements, and proper specifications of fundamental materials, supplies 
and processes, united together in a complete and consistent whole, 
will constitute a correct technical description of the contract re- 
quirements. 



Technical Specifications 21 1 

There are in fact no specifications more difificult to prepare than 
those for fundamental materials and processes. Their accurate prep- 
aration necessitates a complete and definite knowledge of elementary 
details not commonly possessed by any except those who have given 
the subject extensive study. As the various materials and processes 
are so numerous, a detailed knowledge of their practicable limitations 
and the extent to which their qualifications should be modified and 
controlled in a specification is not the common knowledge of the engi- 
neer. 

As with every other subject, so in specification wTiting, it is much 
easier to deal with generalities in more or less vague and meaningless 
phrases and to finally limit the so-called specification by the require- 
ment that the material or process shall be furnished or done to the 
complete satisfaction of the engineer. The engineer may not, and 
frequently does not know with just what details he will be satisfied. 
The matter is often uncertain in his own mind and he relies on the 
chances of his ascertaining by study or through professional inspira- 
tion the limitations which will permit him to pass upon the matter 
with possible credit when the emergency for a necessary decision 
arises. The contractor^ on his part, takes the chance on the proba- 
bility that the engineer will be satisfied with reasonable requirements. 
Where the material or process required is only a small portion of 
the complete construction, the specifications need not be elaborate, 
and the requirement that it be "satisfactory" may be a reasonable one. 
Where, however, the material constitutes a large and important part 
of a contract, it is highly desirable and essential to good practice that 
the specifications be reasonably definite and complete, and the chem- 
ical or physical qualities or test requirements be so completely speci- 
fied as to leave no doubt in the minds of either party as to what is re- 
quired. 

The simple name of a material is usually quite insufficient as a 
basis for a bid or contract unless it be accompanied by a previous in- 
spection by a party conversant wnth the needs to which it is to be ap- 
plied. 

No material is so pure, unadulterated or uniform in quality that 
its name carries with it and assures the possession of the necessar>^ 
qualifications for the purpose for w^hich it is to be used. Every ma- 
terial has more or less impurities besides the basic material signified 
by its name, and no alloy is sufficiently described, as to constituents, 



212 Notes on Contracts and Specifications 

by the commercial name ordinarily applied' to it. Iron and steel range 
widely in characteristics in accordance with the variation in the con- 
stitutional elements and the processes used in their production, and 
certain limitations and requirements must be specified whenever the 
most common and ordinary forms of these materials are not sufficient 
for the purposes to which they are to be applied. Brasses, bronzes 
and other alloys vary widely in dieir composition and consequent char- 
acter, and while practice frequently places a certain limit or range to 
the composition designated by a certain name, it will seldom if ever 
so closely define that composition as to render unnecessary a detailed 
specification. 

The important work of the Pennsylvania testing laboratory at 
Altoona is devoted largely to specifications for materials, and thie 
amount of labor involved and time necessary for their adequate prep- 
aration are very great. Almost the entire activities of the American 
Society for Testing Materials are devoted to the questions of specifi- 
cations for materials. 

The uncertainties resulting from inadequate specifications are 
well illustrated by a case recently tried in an Eastern court. A com- 
pany placed an order with a steel foundry company as follows : 

"Six tray lips, pattern A — 1044. These lips are to be of vanadium cast 
steel 0.35 to 0,45 carbon annealed. Care should be taken that the metal in 
the cutting edges is solid and of the best quality." 

These castings when received and upon use were very unsatisfac- 
tory. Some broke within a few hours and all broke within a com- 
paratively short time under less service than some of the ordinary open 
hearth tray lips previously used. Payment for the lips was refused, 
and suit entered during the testimony developed as follows :^ 

"The superintendent of the steel foundry testified that 6I/2 Ihs. 
vanadium (alloy about one-third pure) was placed in each pot of 1,600 
lbs. steel, which would amount to from 0.15 per cent to 0.16 per cent 
(calculation shows 0.1354 per cent) ; that vanadium put into castings 
varies from 0.05 per cent to 0.15 per cent, sometimes higher if it is 
ordered higher ; also that the amount of ferrovanadium lost in the 
melt varies a good deal with the temperature of the steel, from noth- 
ing up to one-half of one per cent A chemist stated that he found 
the vanadium content of the castings to be 0.03 per cent and 0.04 per 

3 Eng. News, Vol. 74, pp. 946-7. 



Technical Specifications 2 1 3 

cent ; carbon content, 0.375 P^^ cent and 0.384 per cent. A metallur- 
gist stated that the addition of 61/2 lbs. of ferrovanadium (331/3 per 
cent vanadium) to 1,600 lbs. of steel would be equivalent in round 
numbers to 0.14 per cent vanadium, and that there would be at least 
20 per cent, and possibly 30 per cent, of that lost. The result would 
be about o.io per cent vanadium remaining in the steel. He stated 
further that there is a recognized 'standard vanadium steel' not less 
than 0.15 per cent of vanadium, and that castings containing only 
0.03 per cent and c.04 per cent would not be castings of 'standard 
vanadium steel,' and that the two castings in question showed numer- 
ous gas cavities and blowholes. Three other witnesses testified that 
after the castings were broken they observed numerous holes. 

"Notwithstanding the foregoing testimony as to the vanadium 
content and defects of the castings, a decision was given for the 
plaintiff." 

It is evident from the above, and from numerous other instances, 
that might be cited, that a simple name is rarely a sufficient specifica- 
tion for any fundamental element, be it material or process ; and it is 
therefore necessary to prepare a specification in which the limiting 
qualifications shall be given which will assure a material or process 
fully satisfactory for uses and purposes for which it is to be used. 



CHAPTER XIV 

SPECiFiCATioxs FOR fuxda:mextal .AIATERIAL AXD 

SUPPLIES 

§ I. Investigation of Materials. — In preparing specifications for 
materials or other fundamental elements of construction, the engineer 
is cautioned against the unintelligent copying of similar specifications 
prepared by others for other and possibly quite different conditions. 

The engineer is advised when preparing such specifications to in- 
vestigate thoroughly and in detail the materials or other elements 
which are to be used^ before specifications for the same are prepared. 
The investigation should include such of the following factors as may 
be pertinent : 

1. Occurrence. 

2. Properties. 

3. Use or application. 

4. Processes of manufacture. 

5. Manufacturers, dealers, etc. 

6. Methods of use. 

7. Current prices. 

8. Reference to sources of information. 
(See ''X^otes on Aluminum"" page 218.) 

§ 2. Further Considerations. — The engineer should also con- 
sider and determine what properties should be limited, and the com- 
mercial limitations which should be specified. The limitations im- 
posed should not exceed practicable limits, and should be only those 
reasonably desirable or actually essential for the purpose in view. 
Such information is often contained in the discussion of technical 
societies, in technical journals, in reference books and special treat- 
ises, and in specifications prepared for similar purposes. On unfa- 
miliar subjects, such limitations should usually be determined from 
more than a single source. 

X^'ot all of the qualities or characteristics of a material are to be 
described in the specifications but only such as may so vary in the 
commercial product as to render the material unsuited for the pur- 
pose for which it is to be used. A knowledge of such limitations is 



Specifications for Materials and Supplies 2 1 5 

not common to engineers but is usually possessed only by those who 
are familiar with the material in a practical w^ay. After a material 
is in such general and common use and is of such great importance 
that its necessary limiting qualities have received much attention and 
have been discussed before technical societies and in the technical 
press, often in such cases the engineer unfamiliar with its detailed use 
can, by study and investigation, ascertain the necessary limitations 
with sufficient exactness for the purpose of specification writing. 

In other cases, a material may have a more or less local character 
or may be in the process of change, and the desirable or practical 
limiting characteristics may be more difficult to determine and spe- 
cify. An investigation of the material, inquiring of those parties 
familiar with its production and use, will usually give the required 
information. 

It is in general undesirable and impracticable to uniformly re- 
quire the best of every material, for such requests may involve need- 
less and great expense. The material should have the qualities needed 
for the place and under the circumstances in which it is to be used, 
no greater or no less. A greater requirement involves useless ex- 
pense ; a less requirement involves improper materials. 

§ 3. Further Procedure. — After the investigation is completed, 
an outline should be prepared of the special requirements necessary 
for the specific uses for which the material or element is needed (see 
Chapter XV, Section 3 and analyses for ''Aluminum Wire," page 221)^ 
after w^hich the specifications can then be prepared. 

In the preparation of such specifications, it is equally important :. 

First: To include all requirements of quality or workmanship 
needed to secure the results desired, and 

Second: To omit any imnecessary requirements or restrictions, 
either of quality or workmanship, in order to avoid unnecessary ex- 
pense. 

The system, if carefully carried out. will result in the thoughtful 
consideration and preparation of specifications, w^hich is essential for 
the best results, and will eliminate the thoughtless copying of errone- 
ous specifications. When a set of specifications has once been pre- 
pared in this way. the notes should be retained for future reference 
and can occasionally be brought up to date. It wdll be necessary to 
repeat this process w-ith each rewriting of similar specifications ; and 
after wide experience with certain materials or elements, even refer- 



216 Notes on Contracts and Specifications 

ence to the notes may become unnecessary. The same system can, 
however, be used to advantage whenever the practicing engineer is 
called upon to prepare specifications for material or elements of con- 
struction, concerning which his experience is limited. 

§ 4. Conclusions of Dr. Dudley. — Dr. Chas. B. Dudley, in his 
Presidential address to the American Society for Testing Materials, at 
its annual meeting in 1903, summarizes his conclusions in regard to 
the making of specifications for materials as follows : 

1. "A specification for material should contain the fewest possible re- 
strictions, consistent with obtaining the material desired. 

2. "The service which the material is to perform, in connection with 
reasonably feasible possibilities in its manufacture, should determine the 
limitations of a specification. 

3. "All parties whose interests are affected by a specification should have 
a voice in its preparation. 

4. "The one who finally puts the wording of the specification into shape, 
should avoid making it a place to show how much he knows, as well as a 
mental attitude of favor or antagonism to any of the parties affected by it. ' 

5. "Excessively severe limitations in a specification are suicidal. They 
lead to constant demands for concessions, which must be made if the work 
is to be kept going, or to more or less successful efforts of evasion. Better 
a few moderate requirements rigidly enforced, than a mass of excessive 
limitations, which are difficult of enforcement, and which lead to constant 
friction and sometimes to deception. 

6. "There is no real reason why a specification should not x?ontain 
limitations derived from any source of knowledge. If the limitations shown 
by physical test are sufficient to define the necessary qualities of the ma- 
terial, and this test is simplest and easiest made, the specifications may 
reasonably be confined to this. If a chemical analysis or a microscopic ex- 
amination, or a statement of the method of manufacture, or information 
from all four, or even other sources, are found useful or valuable in defining 
limitations, or in deciding upon the quality of material furnished, there is 
no legitimate reason why such information should not appear in the specifi- 
cations. Neither the producer nor the consumer has a right to arrogate to 
himself the exclusive right to use information from any source. 

7. "Proprietary articles and commercial products made by processes 
under the control of the manufacturer cannot, from the nature of the case, 
be made the subject of specifications. The very idea of a specification in- 
volves the existence of a mass of common knowledge in regard to any ma- 
terial, which knowledge is more or less available to both producer and con- 
sumer. If the manufacturer or producer has opportunities, which are not 
available to the consumer, of knowing how the variation of certain constitu- 
ents in his product will affect that product during manufacture, so also 
does the consumer, if he is philosophic and is a student, have opportunities 
not available to the producer, of knowing how the same variation of con- 



Specifications for Materials and Supplies 2 1 7 

stituents in the product will affect that product in service, and it is only by 
the two working together, and combining the special knowledge which each 
has, that a really valuable specification can be made, 

8. "A complete workable specification should contain the information 
needed by all those who must necessarily use it, in obtaining the material 
desired. On railroads this may involve the purchasing agent, the manu- 
facturer, the inspector, the engineer of tests, the chemist, and those who use 
the material. A general specification may be limited to describing the prop- 
erties of the material, the method of sampling, the amount covered by one 
sample, and such descriptions of the tests as will prevent doubt or ambiguity. 

9. "Where methods of testing or analysis or inspection are well known 
and understood it is sufficient if the specification simply refers to them. 
Where new or unusual tests are required, or where different well-known 
methods give different results, it is essential to embody in the specification, 
sufficient description to prevent doubt or ambiguity. 

10. "The sample for test representing a shipment of material should 
always be taken at random by a representative of the consumer. 

11. "The amount of material represented by one sample can best be de- 
cided by the nature of the material, its importance, and its probable uni- 
formity, as affected by its method of manufacture. No universal rule can 
be given. 

12. "The purchaser has a right to assume that every bit of the material 
making up a shipment, meets the requirements of the specification, since 
that is what he contracted for and expects to pay for. It should make very 
little difference, therefore, what part of the shipment the sample comes 
from, or how it is taken. Average samples made up of a number of sub- 
samples, are only excusable when the limits of the specification are so nar- 
row that they do not cover the ordinary irregularities of good practice in 
manufacture. 

13. "Retests of material that has once failed should only be asked for 
under extraordinary conditions, and should be granted even more rarely 
than they are asked for, errors in the tests of course excepted. 

14. "Simple fairness requires that when it is desired that material once 
fairly rejected should nevertheless be used, some concession in price should 
be made. 

15. "Where commercial transactions are between honorable people, there 
is no real necessity for marking rejected material, to prevent its being of- 
fered a second time. If it has failed once, it will probably fail a second 
time, and if return freight is rigidly collected on returned shipments the 
risk of loss is greater than most shippers will care to incur. Moreover, it is 
so easy for the consumer to put an inconspicuous private mark on rejected 
material, that it is believed few will care to incur the probable loss of busi- 
ness that will result from the detection of an effort to dispose of a rejected 
shipment by offering it a second time. 

16. "All specifications in actual practical daily use need revision from 
time to time, as new information is obtained, due to progress in knowledge, 
changes in methods of manufacture, and changes in the use of materials. 



218 Notes on Contracts and Specifications 

A new specification, that is one for a material which has hitherto been 
bought on the reputation of the makers and without any examination as tO' 
quality, will be fortunate if it does not require revision in from six to ten 
months, after it is first issued. 

17. "In the enforcement of specifications, it is undoubtedly a breach of 
contract legitimately leading to a rejection, if the specified tests give results 
not wholly within the limits, and this is especially true if the limits are rea- 
sonably wide. But it must be remembered that no tests give the absolute 
truth, and where the results are near, but just outside the limit, the material 
may actually be all right. It seems to us better, therefore, to allow a small 
margin from the actual published limit, equal to the probable limit of error 
in the method of testing employed, and allow for this margin in the original 
limits, when the specifications are drawn. 

18. "Many producers object to specifications on the ground that they 
are annoying and harrassing, and really serve no good purpose. It is to be 
feared that the complaint is just, in the cases of many unwisely drawn 
specifications. But it should be remembered that a good reasonable specifi- 
cation, carefully worked out, as the result of the combined effort of both 
producer and consumer, and which is rigidly enforced, is the best possible 
protection which the honest manufacturer can have against unfair competi- 
tion. 

19. "Many consumers fear the effect of specifications on prices. Experi- 
ence sees to indicate that after a specification has passed what may be called 
the experimental stage, and is working smoothly, prices show a strong tend- 
ency to drop below figures prevailing before the specification was issued. 

20. "A complete workable specification for material represents a very 
high order of work. It should combine within itself the harmonized antago- 
nistic interests of both the producer and the consumer, it should have the 
fewest possible requirements consistent with securing satisfactory material, 
should be so comprehensive as to leave no chance for ambiguity or doubt, 
and above all should embody within itself the results of the latest and best 
studies of the properties of the material which it covers." 

§ 5. Example of Investigation. 

NOTES ON ALUMINUM— SYMBOL AL. 
Nature — Metal — 
Occurrence — Alumina, Al^O^, gives the characteristic qualities to Argillaceous 

rock formation of which the slates and shale are familiar examples. 
Physical Properties — 

Specific gravity — a. Cast, 2.55. 

b. Wire (conductors), 2.68. 

c. Rolled, 2.75. 

Relative specific gravity (compared with copper) wire, 0.30. 

Atomic weight, 27.1. 

Hardness (Moh's), 3. 

Melting point, 1157° F. commercial wire. 



Specifications for Materials and Supplies 2 1 9 

Melting point, 1150' F. pure aluminum. 

Specific heat mean (0 to 100° C), 0.22. 

Thermal conductivity mean (0 to 100° C), 0.48. 

Coefficient of cubical expansion (0 to 100° C), .00007. 

Coefficient of linear expansion per deg. F., .0000127 wire. 

Coefficient of linear expansion per deg. C. .0000231 wire. 

Pure cast aluminum tensile strength about 18,000 #/sq. in. 

Tensile strength (wire), 20,000 to 35,000#/sq. in. 

Elastic limit — one-half ultimate strength. 

Modulus of elasticity, 7,500,000#/sq. in. 
Electrical Properties — 
Specific Resistance, 0° C. 

In microhmes per cm. cube, 2.6 to 3.0. 

In ohms per mil-foot, 15.6 to 18.0. 

Temperature coefficient per deg. C, 0.36 per cent. 
Relative conductivity (copper == 100), 62. 

Relative conductivity for equal size copper (soft copper = 1), .61 to .63. 
Relative weight for equal size of copper' (soft copper^ 1), 0.33. 
Relative weight for equal length and resistance of copper (soft copper = 1), 

0.48. 
Notes on Properties — 

Aluminum is a white malleable metal of low specific gravity. On ac- 
count of its softness, it is for many purposes alloyed with iron, copper, 
tin or zinc. Its common impurities are silicon and iron. Under ordi- 
nary conditions aluminum may be considered as quite non-corrodible. 
It is affected, however, in the oxides of some atmospheres, namely, 
near salt water or where the air contains oxides of sulphur. Hydro- 
chloric acid is the best solvent, and strong solutions of caustic alka- 
lies readily dissolve it. 
Uses — 

Aluminum has large application for electrical conductors where insu- 
lated conductors are unnecessary. The increase in cost of insulating 
the larger aluminum wire, together with the difficulty in making sol- 
dered connections, has prevented its wide use as insulated conductors. 

Owing to the greater coefficient of expansion over that of copper, the 
sag allowed in stringing aluminum wire must be greater than that 
used in copper wire lines. It is common to make aluminum transmis- 
sion lines of cable formed of aluminum wires, around a core of high 
elastic limit steel, in order to do away with the excessive sag. 

In making castings under ordinary conditions, a shrinkage of 3/16 inch 
per foot should be allowed. 

Aluminum is very "hot short" just before solidifying in the mould. 

Alloys — Aluminum can be hardened and strengthened by a small quan- 
tity of copper. About o% of copper doubles the tensile strength and 
increases the specific gravity from 2.67 to 2.85. Rolled bronze bars 
made up of 907o copper and lO^c aluminum have tensile strength of 



220 Notes on Contracts and Specifications 

100,000# per square inch, elastic limit of 60,000# per square inch and 
elongation of 10%. 
Thermit Process of Welding — 

This process depends. upon the affinity existing between finely divided 
aluminum and iron oxide. When an intimate mixture of these ma- 
terials is ignited, the temperature raises to about 5400°, and white hot 
fused iron results. The chemical reaction of this process is 
Al + Fe O = Al O + Fe. 

2 3 2 3 

Aluminum is used in steel manufacture to prevent the retention of gases 

within the steel, and thus produce a solid ingot. It also increases the 

fluidity of steel and thus tends to produce sharper castings. 
Manufactured by The Aluminum Company of America, Pittsburg, Pa. 
Current Prices — 

Cable No. 0— in large quantities— (Dec. 1913) Steel Core.— 144.7# per 

1,000 ft. 6 strands #1,327 B. & S. gauge, 18 cents per lb. 
Tie wire — No. 2, in smal quantities (1912), 25 cents per lb. 
Aluminum, tubing — iron pipe sizes (Jan. 9, 1914) : 

^/^i" diameter, 58 cents per lb. 

%" diameter, 54 cents per lb. 

%" diameter, 48 cents per lb. 

^" diameter, 48 cents per lb. 

%" diameter, 46 cents per lb. 

1" diameter, 45 cents per lb. 
Price of tubing varies greatly with gauge — 

Tubing ^/4" outside diam. #18 Stub's gauge, $1.09 per lb. 

Tubing 14" outside diam. #25 Stub's gauge, $2.29 per lb. 

Tubing 1" outside diam. #18 Stub's gauge, 49 cents per lb. 

Tubing 1" outside diam. #25 Stub's gauge, $1.09 per lb. 
Aluminum castings (Jan., 1912) — 

Transmission line saddles, wt. 2% oz. each, 50 cents per lb. 

Transmission line saddles, wt. .6 oz. each @ 3.2 cents each, 86 cents 
per lb. 
Rolled plate (Jan., 1912) for use in clamps on transmission cable, sheared 

and bent sleeves, 1% oz, each @ 5 cents each, 45 cents. 

References. 

Am. Civil Engrs.' Pocket Book. 

Aluminum for Electrical Conductors (Handbooks of the Aluminum Co. 
of Araerca, Pittsburg, Pa.). 

Handbook of Standard Underground Cable Co., Pittsburg, Pa. 

Inspectors' Pocket Book. Byrne. 

The Coal and Metal Miners' Pocket Book (the Colliery Engineer Co., 
Scranton, Pa.). 

Kent's Mechanical Engineers' Pocket Book. 

Year Book, American Soc. Testing Materials, 1910. 



Specifications for Materials and Supplies 221 

§ 6. Outline of Specifications for Aluminum Wire. 

^laterial. 

Surface conditions. 

Package sizes. 

Protection in handling. 

Method of calculating weights, etc. 

Sizes and variations allowable. 

Strength. 

Electrical conductivity. 

§ 7. Specifications for Aluminum Wire. 

(After Am. Soc. Test. Materials. Year Book 1910, p. 98). 

1. The material shall be aluminum of such quality that it shall 
have the properties and characteristics here specified. 

2. The wire shall be free from all surface imperfections not con- 
sistent with the best commercial practice. 

3. Package sizes for round wire and cables shall be agreed upon 
in placing individual orders. 

4. The wire shall be protected against damage in ordinary hand- 
ling and shipping. 

5. For the purpose of calculating weights, cross sections, etc., the 
specific gravity shall be taken at 2.68. 

6. The size shall be expressed as the diameter in decimals of an 
inch. Permissible variations from the nominal diameter shall be : 

(a) For wire, .10 inches in diam. and larger, i per cent either 
way. 

(b) For wire smaller than .10 in. i mil. either way. 

7. The wire shall be drawn so that the tensile strength will not 
be less than 20,ooo# per sq. in., the elastic limit not less than 50 j>er 
cent of the ultimate strength, and the percentage of reduction in area 
of 50. 

8. Electrical conductivity shall be determined upon fair sample 
by measurements of resistance, and the resistance shall not exceed 
18.0 ohms per mil. -foot at 0°C. 

§ 8. Assignment on Fundamental Material and Supplies. 

The student should be assigned one or more of the following 
subjects, and be required : 

First. To investigate the subject in considerable detail and pre- 
pare a report on the same. (See page 218.) 



222 Notes on Contracts and Specifications 

Second. To outline the practicable limitations as to the quali- 
ties and such other requirements as should be included in a specifica- 
tion for the material for the use to which it is to be applied. (See 
page 219.) 

Third. To prepare or select specifications which will form the 
basis for an intelligent bid and contract for such material. (See 
page 221.) 

For looking up these various subjects references are given at the 
end of the Chapter and in the Bibliography at the end of the volume. 

This list of materials is by no means complete, and other similar sub- 
jects having a local importance can often be substituted to advantage. 

So far as possible the use for which a material is suggested to be ap- 
plied is placed opposite the "kind" of material. In many cases, however, the 
various kinds of material mentioned can be applied to several or all of the 
various uses suggested. 

It will usually be desirable to specify more definitely the exact use for 
which the material is desired. In doing this the specification should be given 
a local significance by making it apply to some local use, the conditions of 
which can be investigated and considered by the student. 

Material !•■ j r- 

#»« c..^»i:^» Kind ror 

or oupplies 

Asphalt Paving, Water Proofing or Roofing 

Asbestos Wool or Cellular 

Paper Pipe Covering 

Paper Sheets for fire protection 

Compressed Shingles 

Board Insulating Barriers or Wire Cover- 
ing 

Babbitt Metal Machine Bearings 

Belts Cotton Leather or 

Rubber Power Transmission 

Brass Castings Machine Bearings & Valve Bodies 

Wire Spring 

Sheet Gateways Guides and Bearings 

Pipe Railing and condenser tubes 

Rods Lightning arrester horn gaps 

Brick Common Building, Boiler Setting or Founda- 
tions 
Sewers, Manholes or Catchbasins 
Face or Pressed . . Building Fronts 
Dry Pressed or Re- 
pressed Building Fronts 

Fire Boiler Setting 

Sand Lime Buildings 

Paving Street Paving 

Radial Arches in Buildings 

Enameled Interior Walls of Buildings 



Specifications for Materials and Supplies 223 

Material !•• j r- 

or Supplies ^'"^ ^°'' 

^Bronze Aluminum . . ^ Condenser Plates 

Bolts below Tide Water 
Small Castings 

Manganese Propeller Blades 

Phosphor Pinions, Machine Bearings or Main 

Shafting 
Bolts and Nuts in Water Cylinders 

Tobin Condenser Plates or Hull Plate for 

Ships 
Shafting for Ships or Deck Fittings 
Bolts 
Brush Willow Mattresses, and other river revet- 
ment work 

Carborundum . . . Abrasive Emery Wheels or Emery Powder 

Carbon Arc Lights or Batteries 

Rheostats or Commutator Brushes 

■Cement, Portland Concrete or Mortar 

Coal Fuel for Heat or for Boiler 

Gas Manufacture or Producer Gas 

Clay Laying Fire Brick or Puddle 

Clay Goods Sewer Pipe For Sewers 

Drain Tile For Farm Drainage 

Terra Cotta Ornaments of Buildings 

Fire Proofing Columns in Buildings or Floors in 

Buildings 

■Copper Castings Switches 

Wire Electric Transmission 

Sheet Roofs 

Pipe Stills 

Cork Friction Clutches or Heat insulation 

Life Preservers or Carpets 

Flagstones Walks, Curbs or Gutters 

Glass Rolled Plate Windows 

Wire Fire proof Windows 

Common Windows or Insulators 

Graphite Lubricant or Crucibles 

Commutator Brushes or Rheostats 

Gravel Roofing, Roads, Concrete or Filter 

Drains 
Gas Water, Coal, Pro- 
ducer or Natural Power, Fuel or Light 

Gasoline Power or Fuel 

Hose Cotton or Rubber . Fire Protection 

Iron Malleable Castings 

Cast Castings, Pipes, Machinery 

Corrugated Roofs or Walls 

Galvanized Roofs, Tanks or Towers 

Wrought Pipes, Structural Shapes or Boiler 

Plate 

Lead Castings Window Weights 

Drawn Pipe 

Pig Pipe Joints 

Sheet Lining Tanks 

Wool Pipe Joints 

Leather Belts, Belt Lacings or Harness 

Limestone Lime, Calcium Carbide or Buildings 

Lime Plaster or Mortar 

Linseed Oil Paint Vehicle 

Marble Buildings, Floors or Stairways 

Wainscoting or Switchboards 



224 Notes on Contracts and Specifications 



Material 
or Supplies 



Kind For 



Oil Ci'ude Roads, Concrete or Timber Preserv- 
ation 

Fuel Locomotive or Boiler 

Light Kerosene 

Lubricant Cylinder 

Paint Vehicle Linseed 

Insulating Transformers or Oil Switches 

Packing Hemp Steam Valve Stems 

Cotton Water Valve Steins 

Rubber Pump Piston Rings 

Composition Engine Piston Rings 

Leather Pumps 

Metal Pipe Joints 

Plaster Building outside or inside 

Pumice Stone . • Polishing or Insulators 

Rope Manila , Power Transmission 

Hemp Hoisting Cable 

"Wire Derrick Guys 

Red Lead • Cement or Painting 

Rubber Belting, Insulation or Matting in 

Power House 
Valves or Packing 

Sand Concrete, Mortar or Filter 

Plastering or Moulding 

Sandstone Curbing or Building 

Stone Rubble Riprap, Concrete 

Backing for masonry or Foundations, 
light buildings 

Squared Sidewalks, Gutters or Curbing- 

Street Paving or Bridge Masonry 
Foundations — heavy buildings 

Cut Stone Building Walls 

Rough Pointed .... Foundations — very heavy 

Fine Pointed Bridge Masonry 

Crandalled 

Cross -Crandalled . . Arch Masonry 

Pean-Hammered . . Cap Stones 

Tooth-axed Door Sills 

Bush Hammered . . Steps 

Rubbed Aqueducts 

Slate Roofing, Floors or Blackboards 

Switchboards or Barriers 
Steel Fire Box Locomotive Fire Boxes 

Boiler Boilers 

Flange Boiler Heads 

Ship Hull Plates 

Tank Tanks 

Rivet Rivets 

Nickel Solid and Hollow Forgings for 

heavy shaftings 

Structural Bridge or Roofs 

Rails Railroads 

Reinforcing Bars . Concrete Work 

Pipe Steam Pipes 

Castings Gears 



Specifications for Materials and Supplies 225 

Material l^. , e- 

«^ e,,„r,i;<»» Kind For 

or oupplies 

Timber Douglas Fir Bridge Timbers or Trestle 

Southern Pine .... Cribs 

Hemlock Sheeting 

Oak Fence Posts or Railroad Ties 

Cedar Transmission Poles or Paving 

Blocks 

Tamarack Piles 

White Pine Inside Finishing 

Maple Flooring- 
Frames, Joists, Rafters or Studding 
Sheeting or Shingles 
Clapboards or Shiplap 

Tile Vitrified Roofing 

Fire Proof Walls 

Book Roof 

Floors or Building Blocks 
Chimney Blocks or Chimney Tile 

Glazed Ornamental 

Tin Plate Roofing 

Turpentine Paint and Varnish Solvent 

Wire Hard Drawn Cop- 
per Electric Distribution 

Soft Drawn Copper Interior Electric wiring 

Insulated 

Weather Proof .... 
Copper Covered 

Steel Ground Wire 

Iron » Telephone 

Steel Telegraph 

Barbed Fences 

Meshed Reinforcing Mesh for Concrete or 

Fences 

Wrought Iron Structural, Pipes or Boiler Plate 

Zinc Sheet Lining Tanks 



226 Notes on Contracts and Specifications 

BIBLIOGRAPHY OF MATERIALS. 

See "Engineering Index" and files of various technical societies listed 
therein. See also: 

Mechanical Engineer's Pocketbook — Kent. John Wiley & Sons. 

American Civil Engineer's Pocketbook. John Wiley & Sons. 

Civil Engineer's Pocket Book— Frye. D. Van Nostrand Co. 

Inspector's Pocket Book — Byrne. John Wiley & Sons. 

Architect's and Builder's Pocket Book — Kidder. John Wiley & Sons. 

Civil Engineer's Pocket Book — Trautwine. John Wiley & Sons. 

A Manual of Civil Engineering— Rankine, 1885. Chas. Griffin & Co., Lon- 
don. 

Notes on Building Construction, Part III. Materials. Riverton's, London, 
1889. 

Building Construction and Superintendence — F. E. Kidder. Wm. F. Corn- 
stock & Co., New York. 

Materials of Engineering (in 3 parts) — Prof. Robt. H. Thurston. John 
Wiley & Sons. 

Materials of Construction — J. B. Johnson. John Wiley & Sons. 

Strength of Materials— H. E. Murdock. John Wiley & Sons. 

Materials of Construction — Prof. G. B. Upton. John Wiley & Sons. 

Materials of Engineering — Prof. Wm. H. Burr. John Wiley & Sons. 

Materials of Construction — A. P. Mills. John Wiley & Sons. 

The Principal Species of Wood— C. H. Snow. John Wiley & Sons, 1903. 

Mechanical Properties of Wood — S. J. Record. John Wiley & Sons, 1915. 

Brickmaker's Manual — R. B. Morrison. F. A. Randall & Co., Indianapolis, 
1890. 

Manufacture of Brick, Tiles and Terra Cotta — C. T. Davis. Henry Carey 
Baird & Co., Philadelphia, 1889. 

Report on Compressive Strength, Specific Gravity, and Ratio of Absorp- 
tion of Building Stones in United States to Chief of Engineers, U. S. Army. 
By Q. A. Gilmore. D. Van Nostrand Co., 1876. 

Treatise on Masonry Construction — Prof. I. O. Baker. John Wiley & 
Sons. 

Masonry — M. A. Howe. John Wiley & Sons, 1915. 

Stones for Building and Decoration — Geo. P. Merrill. John Wiley & Sons, 
1891. 

Government and State Geological Survey Bulletins on Clays, Building 
Stones, etc. 

Steel, A Manual for Steel Users— Wm. Metcalf. John Wiley & Sons, 1896. 

Cast Iron, A Record of Original Research — Wm. J. Keep. John Wiley & 
Sons, 1903. 

Reports of Tests of Metals and Other Materials for Industrial Purposes. 
U. S. Testing Machine at Watertown Arsenal, Mass. 

Materials of Machines— A. W. Smith. John Wiley & Sons, 1915. 



CHAPTER XV 
SPECIFICATIONS FOR FUNDAMENTAL PROCESSES 

§ I. Fundamental Processes. — The fundamental processes of 
construction work should be investigated in very much the same 
manner as materials and supplies. The preparation of specifica- 
tions for these processes if carried into detail is even more difficult 
than those for materials. In both materials and processes, improve- 
ments are constantly being made, and the methods employed afe 
constantly undergoing changes and improvements. As a general 
rule, it is unwise to specify methods in detail, as results are the end 
desired and the detailed methods to be pursued should be designated 
only to the extent necessary to secure the results desired. If the 
methods to be pursued are fully specified, the contractor becomes a 
"servant" and not an "independent contractor," and the principals 
may become liable for casualties which may occur and unsatisfac- 
tory results which may obtain on account of improper methods of 
procedure. As a general rule, the contractor should be left reason- 
ably free to pursue those methods which his experience dictates, 
for it is largely on account of this experience that his services are 
secured. He should, however, be required to do those things or all 
those processes whch are clearly known to be essential to secure 
proper results. As a general proposition, the specificat'ons for an 
engineering process should include : 

I. A general description of the work to be done. 
II. Reference to plans, profiles, etc., provided. 
HI. The material to be used. (Materials covered by another 

specification.) 
IV. The operations included. 
V. Precautions to be taken. 
VI. The results to be obtained. 

§ 2. Earthwork and Rock Work. — Among the processes most 
common in engineering works is the excavation or construction of 
earth and rock works. Such works have many features in com- 
mon, while other features may be special and peculiar to a particu- 
lar work. For the purpose of the general study of specifications, all 



228 Notes on Contracts and Specifications 

such works can be analyzed together. In using the analysis for the 
preparation of specifications, all specifications not applicable to the 
case in hand should, of course, be omitted. In the same way it 
must be remembered that besides the headings given in the anal- 
ysis, there are various other items in regard to the general character 
of the work, contingencies, delays, the hazards of construction, the 
furnishing of tools, plant, etc., which are usually included in the 
general form of agreement, but which may be included in the spec- 
ification, if desired. In addition to these there may be special fea- 
tures which demand special treatment. A\'hile an attempt has been 
made to make the analytical form given as complete as practicable, 
it is offered simply as a basis or a general model for a specfal form 
to be prepared by the engineer for any special work he may have on 
hand. 

§ 3. Analytical Division of Earth and Rock Work Specifica- 
tions. 

I. General Description : 

A. Description. 

B. Location. 

C. Dimensions. 

D. Form. 

E. Grade. 

F. Divisions of work. 
II. Material: 

A. General character, borings, soundings, etc. 

B. Classification. 

C. Quality of material to be used (in fills). 

D. Quantities. 

E. ^Measurements and estimates. 

F. Shrinkage (in fills). 

G. Extra excavation. 

H. Extra material and borrow pits for fills. 
III. Operations : 

A. Beginning work. 

B. Grades and lines. 

C. Clearing, grubbing and wrecking. 

D. Breaking surface or mucking. 

E. Changes in roads, railroads, etc. 

F. Consolidation, rolling, tamping and puddling. 



Specifications for Fundamental Processes 229 

G. Limits of work. 

H. Bracing, shoring, and protection of work. 
/. Protection of public, care and maintenance of traffic. 

/. Obstructions. 

K. Pumping and draining. 

L. System of excavation. 

M. Filling (methods of work). 

A^. Drilling, channeling, blasting and quarrying. 

O. Disposal of material. 

P. Overhaul. 

Q. Leveling, grading and dressing. 

R. Sodding and seeding. 

5'. Continuous prosecution of work. 

T. Maintenance. 
§ 4. General Description. — Lender this title are included various 
data descriptive of work which may be subdivided into (A) Descrip- 
tion, (B) Location, (C) Dimensions, (D) Form, (E) Grade, and 
(F) Division of work. 

Where the earth work is a part of other work, the location is 
usually sufficiently well described in the general description of the 
entire work ; otherwise a special description may be desirable. 

In minor works the description may include, in a single para- 
graph, all necessary facts in regard to location, dimension, form, 
grade, and divisions of work, while in important work each of these 
factors may require special treatment. The following examples 
show the common practice in the writing of such specifications : 

§ 5. (A) Description, and (B) Location. 

a. For Channel or Ditch. — "A channel having side slopes of two feet hori- 
zontal to one foot vertical, and a width of twelve feet at the bottom, shall 
be constructed on the grade shown on the profile from the outlet of Williams 
Pond to the Bear River on the general line shown on the map." 

h. Trenches for Pipe Sewers. — "All sewers shall be located on the lines 
shown on the map. The trenches shall be excavated to a depth sufficient to 
place the flow line of the pipe on the grade shown on the profile, and of 
such a width that they shall be, at the center of the sewer, one foot wider 
than the greatest horizontal diameter of the pipe to be laid therein. The 
bottom of the trench shall be excavated as nearly as practicable to the form 
and size of the lower half of said pipe. Suitable excavations shall be made 
to fit all junctions or other specials wherever needed." 

c. Trench for Water Pipe. — "1. Line and Grade: The trenches for the 
pipe shall be opened in accordance with the lines and grades given by the 



230 Notes on Contracts and Specifications 

engineer. The pipe lines shall be laid uniformly twenty-two (22) feet from 
the northerly sides of the various streets and avenues. The right, however, 
to depart from this general rule is reserved by the first party." 

"2. Size of Trench: Said trenches shall be one foot wider than the 
greatest exterior diameter of the pipe to be laid therein." 

"3. Bell Holes: At all points the trench shall be widened and deepened 
sufficiently to admit of free access for calking all around said pipe, and so 
that the bell of the pipe shall have no bearing on the bottom of the trenches. 
Such enlargement of the trench shall be made before the pipe is lowered 

into it." 

a. Excavation for Bridge Snl) structures: "The excavation for all piers 
or abutments shall be to such a depth as shall permit the bottom of the 
grillage, if grillage be used, or the bottom of the masonry footings, if no 
grillage be used, to be placed at an elevation about ninety (90) feet above 
city datum (to which reference plane all elevations on the drawings and in 
specifications for this work are referred). The engineer shall determine 
the exact elevation of the foundation of each structure. The excavation 
shall be of the size and dimensions directed by the engineer." 

e. Excavation for Masonry Foundations: "The excavation will be oT 
the form, dimensions and depth shown on the drawings, or to such addi- 
tional depth as the nature of the material may require." 

/. Street Grading: "All streets and avenues on which pavements are tO' 
be laid, including roadway, parking sidewalk intersection and all street and 
alley approaches shall be graded to the lines and cross sections shown on 
the profiles and sections of the same." 

g. Railroad Grading: "Under this head shall be included all excavations: 
and embankments for the construction of the roadbed for both main and 
side tracks, for all station grounds and switch yards, and including also the 
excavations for all drains and ditches in connection with the road, and the 
excavations for the foundations of all bridges, culverts, cattle guards, and 
all earth work neccessary for the change and reconstruction of public or 
private roads and crossings, or for the changing of water-courses and for all 
other earthworks incident to the construction of said railroad." 

li. Chicago Drainage Canal: ''Location: "The work covered by and in- 
cluded in these specifications is the excavation of that part of the main drain- 
age channel, and the building of certain collateral works for the sanitary 
district of Chicago located between the Willow Springs Road in Section 32 
of Township 38 North, Range 12 East of the Third Principal Meridian, in 
Cook County, Illinois, and the middle of Section 14, near Lockport in Town- 
ship 36 North, Range 10 East of the Third Principal Meridian, in Will 
County, Illinois, beginning below but near the said Willow Springs road, the 
said part of the said main drainage channel follows the Desplaineis river 
valley, being located north and west of the Illinois and Michigan canal, 
approximately as shown on the accompanying plans, marked "2 a," and as 
shall be located by the engineer, and described as follows: 

" 'The line of said channel shall begin at Willow Springs road and shall 
continue in a direction parallel to and 460 feet from the river bank of the 



Specifications for Fundamental Processes 231 

canal above Willow Springs, joining by an easy curve a line parallel to and 
460 feet from the canal bank in the straight reach above Sag, thence by an 
easy curve in a straight course to the county line and parallel to and 730 
feet from the bank of the canal in the straight reach at and above Lemont; 
thence by an easy and continuous curve to a straight course parallel to and 
460 feet from the canal bank in the straight reach at and below Romeo, said 
course terminating at or near the middle of Section 14, of Lockport Town- 
ship; the course opposite Lemont to be subject to a change of 200 feet if 
found desirable, said course throughout being so located as to facilitate the 
spoiling of the waste material from the channel on either side. The total 
approximate length is 74,000 feet or 14 miles.'" (San. Dist. of Chicago.) 

i. Emhankment: "The embankments shall be 30 feet in width at the 
top, and shall have a slope of two (2) feet horizontal to one (1) vertical, or 
such other slope and such cross section as the engineer may determine for 
any particular case." 

;. Embankment: "In embankment, the sides shall be neatly and uni- 
formly dressed to a slope of two and one-half (2 1-2) horizontal to one (1) 
vertical, or such other slope as the engineer may direct in any particular 
case." 

§ 6. (C) Dimensions.— (D) Form, and (E) Grade. 
a. Dimensions of Cross Sections: "The bottom of the finished channel 
shall have a width of 160 feet in the clear; where the channel is in rock, the 
sides of said channel shall be kept vertical, except as to necessary offsets 
occasioned by the use of channeling machine. 

"The sides of the rock channel are to be worked out with a channeling 
machine from top to bottom, the channels being cut ahead of the blasting. In 
doing this the bottom of each cut of the machine is to be made to a uni- 
form level above the grade, and each succeeding one offset six inches from 
the one just preceding . The contractor will be allowed to work the rock in 
one or more stopes, at his option, so far as concerns the main portion of 
the width of the channel, but in case he elects to work the face in stopes 
having a greater height than the reach of the channeling machine in depth,. 
then the blast holes are to be so disposed as to effectually prevent any blast 
from breaking or shattering the rock beyond the sides of the prism of the 
channel, which are to be left as smooth and solid as can be obtained with a 
skillful and proper use of a channeling machine. 

"In determining the width of the channel at the top of the rock, the 
necessary offsets made by the operation of the machine are to be allowed 
for. Provided, that where the depth of the rock does not exceed sixteen feet 
there shall be but one reach or cut of the channeling machine made, and 
that when its depth is over sixteen feet, and not greater than twenty-four 
feet, there shall be but two cuts made; and that nowhere is there to be more 
than three cuts made for the whole depth of the rock excavation. 

"Where the channel is partly in earth and partly in rock, the earth 
shall be so excavated as to leave a berm on top of the rock equal to three- 
eighths (3-8) of the depth of the rock surface below a level 5 feet above 
datum; provided that the berm shall be in no event less than 5 feet; and 



232 Notes on Contracts and Specifications 

provided, further, that where the section is entirely in earth the additional 
width at bottom shall conform to the above rule; and provided also, that at 
the level of 5 feet above datum the berm shall not be less than 10 feet, with 
a slope toward the channel of one-half foot. In all cases the earth shall be 
taken out with the least slope which is to be found can be safely maintained 
until the retaining walls are built, and as may be directed by the engineer 
from time to time." (Spec. San. Dist. of Chicago.) 

6. Grade: "The grade line of the bottom of said main channel at the 
station designated 740 shall be at an elevation of 24 feet below the datum 
established by the Illinois and Michigan canal trustees in 1847, and ahall 
slope thence uniformly at the rate of 0.08 of a foot vertical to 1,000 feet 
horizontal to the end of the standard excavation at station 1480, where it 
shall have an elevation of 29.92 feet below datum. 

"The sanitary district reserves the right to change said grade by raising 
or lowering it, or by increasing or decreasing the slope, thereby increasing 
or decreasing the amount of excavation; provided, that said change shall in 
nowise affect the terms of this contract as to price, or entitle the said con- 
tractor to any compensation additional to the rate fixed by this contract, or 
render the sanitary district liable for any damages, whatsoever, direct 'Or 
indirect. Provided, further, that the said change shall in no place affect the 
grade by an amount exceeding four feet; and that the sanitary district shall 
notify the said contractor of any such change before any portion of said 
channel shall have been finished in conformity to the grade as hereinbefore 
specified." (Spec. San. Dist. of Chicago). 

§ 7. (F) Divisions. — In contract work of large magnitude, it is 
frequently desirable for purposes of letting the work, to divide it 
into a larger or smaller number of divisions, reserving the right to 
let the contracts for such divisions to one or more contractors as 
the party letting the work may elect. 

a. "Sections for the purpose of eventually designating different portions 
of the work and of dividing it into contracts, the said part of the main 
drainage channels shall be divided into 14 sections as follows: 

"Section 1, extending from the station designated 740 to the station 
designated 800. 

"Section 2, extending from the station designated 800 to the station 
designated 850. 

"Section 3, extending from the section designated 850 to the station 
designated 900, etc., etc. 

"Section 1, 2, 7, 8, 9 and 10 involves certain changes in the river chan- 
nel opposite. 

Section 9 involves a possible re-location of the Illinois and Michigan 
canal, and 

Sections 8 to 14 inclusive may require railway changes. 

The sanitary district reserves the right to make all river, canal and 
railway changes independent of the main work." (Spec. San. Dist. of Chi- 
cago.) 



Specifications for Fundamental Processes 233 

§ 8. Materials. — Specifications for materials should include a de- 
scription of : 

A. Their general charaetcr and the available information concern- 
ing the same. 

B. Their classification, or the kinds of material to be moved, with 
exact definitions of the character of each class, for which a different 
price may or will be paid. 

C. The quality of material, which may be used in different parts 
of the work or for dififerp,nt purposes (as for fills, back filling, etc.). 

D. The quantities, including exact or approximate estimates of the 
amount of the material or of different materials to be moved. 

E. The method of measurements, or the basis on which estimates 
will be made and the work paid for. 

F. The shrinkage or increase in volume which will be involved in 
the handling of the material, to the extent that such change in vol- 
ume influences the construction or cost of the work. 

G. Extra excavation, or the material that will be paid for at an 
extra price either in excess of the common price or aside from a 
fixed sum that may be made for the major part of the work. 

H. Extra material and borrozv pits, or the sources apart from the 
location of the work at which material can or must be secured. 

Much care is necessary in designating the meaning of words used 
in the description of materials, especially when any classification is 
allowed or when any expense is involved by their occurrence. 

As pointed out in section 5, of chapter VIII, the lowest proposals 
from intelligent contractors can be secured only by removing so far as 
practicable all doubts in regard to the nature of the work to be done 
and the consequent expense to be incurred. 

Various earth and rock materials to be excavated resist the 
work of removal in a manner varying greatly with their character and 
physical condition. Materials like clear sand and mud offer little resist- 
ance, while other materials like rock, cement, gravel and indurated 
deposits of all kinds offer strong resistance. 

§ 9. (A.) General Character. — The nomenclature used to des- 
ignate these materials has not been standardized and varies greatly with 
different engineers. Prelini ^ subdivides these deposits into ''very loose 
soils," "loose soils," "friable soils," "soft rock," "ordinary rock," and 
"hard rock." 



1 See "Earth and Rock Excavations," p. 42. 



234 Notes on Contracts and Specifications 

Gillette ' classifies earth excavation into (i) -easy earth;' in which 
he includes loam, sand and ordinary gravel; (2j "average earth," in- 
cluding sands and gravels impregnated with clay or loam where a pick 
or plow drawn by two horses is necessary for loosening before shovel- 
ing, and (3) "tough earth," in which he includes compact clays, the hard 
crusts of old roads and all earths so hard that one team of horses can 
pull and plow only with great difficulty but which two teams of horses 
can loosen with comparative ease. He adds, "this third class of earth 
passes by insensible degrees into what is called 'hard pan,' " which he 
defines as including very compact clay or a mixture of gravel or bould- 
ers w^ith clay, and "sometimes soft shales that can be plowed with a 
rooter plow\" Certain cemented gravels are sometimes called hard- 
pan. 

The earth and soils have also local names, for example "adobe," 
a term used in the southwestern portion of the United States to de- 
note any clay of which sun dried brick or "adobes" can be made. 
"Gumbo" is used in the Alississippi valley to denote a black loam mixed 
v;ith clay, exceedingly sticky when wet, and often very hard and tough 
when dry. "Marl"' is technically a mixture of clay and loam, but is 
often employed to designate clay soils with only a small amount of 
lime, and sometimes disintegrating materials with a soapy texture. 
The term "quicksand" is usually applied to any sand or sandy material 
which flows readily when saturated with water. 

Earthy materials are sometimes classified and described as follows : 

1. ''Loose earth" which may include those earths having little co- 
hesion and offering little or no resistance to separation from the re- 
mainder of the deposit. 

2. "Common earth." which may include those having some cohe- 
sion and may require the use of a spade for removal. 

3. "Tough earth," which may require before removal the use of the 
pick to break it up. These include stiil clay, disintegrating rock and 

slightly cemented sands and gravel. 

Rock materials may also be divided into three classes, on the basis 
of the resistance ofifered to removal, namely : 

4. "Soft rock," which is easily removed by bars and wedges, such 
as loosely laminated slates and sand stones. 

5. "Ordinary rock," which can be removed by bars and sledges, 
such as sand stones, etc. 



2 See "Handbook of Cost Data," second edition, p. 120. 



Specifications for Fundamental Processes 235 

6. ''Hard rock/' which must be blasted. 

The soft and ordinary rocks may often be more profitably moved 
by the use of explosives. 

Very often the term "loose rock" is used for rock which is un- 
cemented and is loosened from its bed and can readily be moved. The 
term is usaually confined by definition to pieces of a limited size, often 
not exceeding- three cubic feet in contents. 

The term "bedrock" refers to rock in the natural bed, and it may 
possess various degrees of hardness. 

Occasionally deposits are described by their geological names, al- 
though such description gives little information concerning their exact 
character, as the same geological deposits will vary widely in texture 
and condition at various places. 

Examples: 

a. Excavation for Bridge Al-utments: "The material excavated will be 
earth, sand, gravel and fragmentary material of various kinds and shall 
be estimated by the actual cubic contents of the excavation as laid out by the 
engineer, and shall be paid for at the price per cubic yard bid for such ex- 
cavation. The material shall be refilled around the completed abutments, 
and shall be replaced in layers and thoroughly tamped and any surplus ma- 
terial shall be removed by the contractor and wasted by him at such place or 
places as the engineer may direct, not more than five hundred feet from the 
excavator, the cost of all of which shall be included in the price bid for ex- 
cavation." 

b. Borings and Soundings: "The location of borings and soundings made 
along or near line of the aqueduct is shown on Sheet No. 1, which also shows 
what is regarded as the probable location of the surface of the ledge rock, but 
it is well known that the surface of the ledge may differ greatly from the 
location as shown, and that the character of the material encountered can- 
not be definitely determined by wash drill borings. There is, therefore, no 
expressed or implied agreement that the line of the surface of the ledge rock 
or the character of the material encountered by boring, as indicated upon the 
plan, is given approximately correct." (Met. Water & Sewerage Board.) 

€. Charaotcr of Material — ''General Character of Borings and Soundings : 
The character of the material through and in which the tunnel is to be con- 
structed, is indicated on the profile, and sample of material taken from the 
borings made on the line of the work at the points shown on the drawings 
may be seen at the office of the City Engineer. These borings are believed 
to be practically correct, and to represent a fair sample of the material. It 
is expressly understood, however, that the city does not guarantee the ac- 
curacy of these borings, and should the conditions be found to differ from 
those indicated by said borings, the Contractor shall have, for this reason, 
no claim against said city." 



236 Notes on Contracts and Specifications 

d. Wells— ''Nature of excavation: From the drillings of the first artesian 
well, it is believed that the strata which lie below the surface, and which 
may be encountered in sinking the shaft, will be approximately as follows: 

"Drift (clay, sand, gravel), 67 feet in thickness. 

"Coal measure shales, 5 feet in thickness. 

"Burlington limestone, 96 feet in thickness. 

"Kinderhook group, 261 feet in thickness. 

"The general thickness and character of the strata as above given, are 
believed to be approximately correct. These conditions are, however, liable 
to variation, which variation and the resulting conditions shall be at the 
risk of the contractor, and said contractor shall not be entitled to any claims 
for extra compensation for any variation in said strata or in the conditions 
thereof from those above mentioned, or for any additional labor, material, 
or appliances which he is obliged to furnish by reason of such variation, or 
for any unforeseen difficulties encountered in the prosecution of this con- 
tract." 

e. Wells— ''Approximate description of strata: It is expected that the 
strata which will be encountered in sinking this well will be similar in its 
nature to the stratification of the first artesian well drilled at Montoouth. 
which stratification was, approximately, as follows: — 

Drift ^'^ ^^• 

Coal measure, shale ^ ^^' 

Burlington limestone 96 ft. 

Kinderhook group 261 ft. 

Hamilton and corniferous 88 ft. 

Guelph and Niagara 68 ft. 

CO ff 

Cincinnati shales oo it. 

Galena limestone 290 ft. 

Trenton limestone ' ^^^ ^^^ 



Saint 



Peter sandstone • 156 ft. 



Depth of first well ^'230 ft. 

"Below the St. Peter sandstone there is an unknown thickness of the 
Lower Magnesian limestone, perhaps 300 to 500 feet in thickness, below 
which the potsdam sandstone deposits occur. 

"The general thickness and character of the strata as above given are 
believed to be approximately correct. They are, however, liable to varia- 
tion, which variation shall be at the risk of the contractor, and said con- 
tractor shall not be entitled to any claim for extra compensation for any 
variation in said strata from the above, or for any additional labor, material 
or appliances which he is obliged to furnish by reason of such variation, or 
from any unforeseen difficulty encountered in the prosecution of the con- 
tract." 

§ 10. (B) Classification.— Classification is an attempt to subdivide 
earth and rock work into classes or kinds of material which will from 
their nature require different methods of treatment, and consequently 



Specifications for Fundamental Processes 237 

different expense in moving them. Where such differences exist it is 
usually desirable to ask for separate proposals for each class of ma- 
terial. Classification and the opportunity of securing a proper com- 
pensation for each kind of material which will or may be encountered, 
obviates the hazard of variation in the amounts of the different kinds 
of material and guarantees that the contractor will receive payments 
on each kind in proportion to the amount that obtains. The difficulty 
that arises in carrying out classification lies in the difficulty of explicit 
definition of class and the difficulty of determining accurately whether a 
given material lies within one class or another. This determination 
has led to many disputes and much litigation. IMany classfications 
for such material have been used. These sometimes include : 

a. Earth and rock. 

b. Earth, loose rock, and solid rock. 

c. Earth, hardpan, loose rock, and solid rock. 

(/. Loose earth, common earth, tough earth, hardpan, loose rock 
and solid rock. 

Frequently the materials embraced under such classifications grade 
almost imperceptibly one into another, and in adjusting the limits be- 
tween earth and hardpan. hardpan and rock, considerable difficulties 
frequently arise. 

As a rule the engineer should be empowered to decide under 
what class a material encountered shall be included and he w^ill here 
find opportunity for the exercise of his best judgment. 

Examples: 

a. Open trenches — ''Excavatio7i: All excavation will be in sand, gravel 
earth, and other drift materials. No rock excavation is expected, but should 
rock be encountered in the trenches it shall be excavated six inches below 
the bottom grade of the pipe. All rock requiring blasting to remove will be paid 
for as rock excavation at $2.00 per cubic yard, and said rock shall be meas- 
ured eighteen inches wider than the outside diameter of the pipe at the hub 
end, and from the top of said rock to six inches below the bottom grade of 
the pipe. All boulders found in the trench requiring to be removed, measur- 
ing one-half cubic yard or more, will be paid for as rock excavation. In 
the excavation of rock, all blasts must be properly covered to guard against 
injury to surrounding objects, and the contractor will be held responsible 
for all damages to persons or property caused by carelessness or otherwise 
in the prosecution of this work." 

b. ''Classification of Material: All material such as earth, clay, sand, 
gravel, rotten or loose rock, which can be removed with pick and shovel, shall 
be classed as 'earth excavation.' All rock requiring blasting to remove, shall 
be classed as 'rock excavation.' " 



238 Notes on Contracts and Specifications 

In addition to the above classification, the class Hardpan is some- 
times also used. When so used it is usually specified as follows : 

"Hardpan shall consist of indurated clay, shales or cemented gravel, and 
which requires blasting for removal." 

In addition to the above classifications, there are also often included 
in work, part of which is to be performed under water, the classifica- 
tion as above indicated, modified by the additional provision "in water/' 
''below water," and "dry" or ''above water." 

"All excavation below low water shall include all necessary extra work 
caused by the position, and shall be paid for at the price named in the ac- 
cepted proposition." 

c. Open Trenches. — "Two prices only are to be paid for materials exca- 
vated from the open trench and other excavations (except borrow pits), 
namely, one for the rock excavation, which is to cover all excavation of solid 
rock removed by blasting, and all boulders of one-third cubic yard or more in 
volume: and one for earth excavation, which is to cover the excavation of 
all other materials. The price to be paid for borrowed earth is to covsLr the 
excavation of all kinds of materials taken from borrow pits." (Met. Water 
& Sewerage Board.) 

d. Canals — ''Classification of Material. — All material excavated under the 
provisions of this contract is to be classified under one or the other of two 
heads, viz.: 'glacial drift' and 'solid rock.' 

"Glacial drift shall comprise the top soil, earth, muck, sand, gravel, clay, 
hard-pan, boulders, fragmentary rock displaced from its original bed, and any 
other material that overlies the bed rock. 

"Solid rock shall comprise all rock found in its original bed, even though 
It may be so loosened from the adjacent underlying rock that it can be re- 
moved without blasting." (Spec. San. Dist. of Chicago.) 

e. Grading — ''Classification: (a) All material handled under the head of 
'Grading' shall be classified as follows: 'Solid rock,' 'loose rock,' and 'earth.' 

"(&) Solid rock shall include all bed rock which cannot be removed 
without blasting, also all boulders or other masses of rock of not less than 
one cubic yard which require blasting before removal. 

"(c) Loose rock shall include all soft shales or other soft or loose rocks 
which can be removed without blasting, even though blasting may be done 
to facilitate the work; also all boulders or other manner of rock of not 
more than one cubic yard, or less than ten cubic feet. 

"(d) Earth shall include all soil, earth, sand, gravel, loose stone and 
boulders of less than ten cubic feet contents, and any other material of 
every description not clearly included under the specifications of solid rock 
or loose rocks; of all of which the engineer shall be judge." 

(e) "All materials moved in grading shall be measured in excavation 
only, and estimated by the cubic yard under the following classes: 

"Class 1. All material that can be plowed by an average eight-mule team, 
each animal weighing not less than twelve hundred (1,200) lbs., attached to 



Specifications for Fundamental Processes 239 

a suitable ten-inch breaking plow, all well handled, by at least four men. Also, 
all loose material that can, without plowing, be loaded into a scraper by two 
men. 

"Class 2. Indurated material of all kinds, which cannot be plowed as in 
Class 1, but which requires loosening by powder, and can then be removed 
by scraper. 

"Class 3. All detached masses of rock, more than two and less than ten 
cubic feet in volume. And all slate or other rocks, soft or loose enough to 
be removed without blasting. 

"Class 4. All rock, not included in the above classes which requires drill- 
ing and blasting." s 

In discussing the above specification, the Engineering Nevi^s re- 
marks that in a similar specification a dispute arose in regard to the 
question of whether certain material should be classified as "hard- 
pan" or "rock," and points out that while certain shales and hard- 
pan may be loosened in small chunks by a plow, yet true economy of 
construction would require blasting. It seems desirable that the deci- 
sion as to the classification of material should when practicable be based 
upon its economic working, which is generally a question of judgment 
and therefore a matter for honest difference in opinion. The News 
suggests that it would seem better to have samples of the various ma- 
terials on file as the basis for the contractor's proposal. Even with this 
provision, the grading of material from one class into another may 
sometimes still lead to differences of opinion, mistniderstandings and 
disputes. 

§ II. (C) Qualities of Material. 

Examples: 

a. Embankments. — "All material for the embankment shall be gravel, 
clay or earth, free from all organic matter, and be such as the engineer will 
approve. Any material used in said embankment and not so approved shall 
be removed by the contractor at his own cost and expense, and shall in no 
case be estimated or paid for." 

b. Refilling trenches — ''Material for refilUng. — The trenches shall be re- 
filled with the excavated material provided it be of proper quality, but in 
case insufficient suitable material is thus obtained, that which is suitable 
shall be furnished by the contractor, without charge, and he shall remove 
from the ground or uniformly spread over the surface all material which 
is not used in filling." 

c. Refilling in rock excavation. — "In refilling trenches from which rock 
has been excavated, the six inches below the pipe shall be refilled with sand, 
earth or loam, and carefully packed before the pipe is laid; and the trench 



3 See Eng. News Sup., July 9, 1903. 



240 Notes on Contracts and Specifications 

around and for eighteen inches (18") above the pipe shall be filled with: 
earth, properly tamped, above which the rock may be filled in, but no rock 
containing more than two hundred (200) cubic inches will be allowed to be 
used in the filling," 

d. Reservoir emMnkment. — "No material shall be used which is not 
free from vegetable soil, roots or non-mineral matter. All stones more than 
one inch thick or more than three inches in maximum dimensions, shall be 
removed from the enbankment before setting." 

As noted in the Engineering News Supplement^ the. last clause is 
an untisual and unnecessary requirement which will entail close inspec- 
tion and extra expense. The usual limiting size for stones in reservoir 
embankments is four inches in diameter, and even such a limit seems 
entirely unnecessary in work of considerable magnitude, unless the ma- 
terial contains a superabundance of such material. 

§ 12. (D) Quantities and (E) Measurements and Estimates. 

Examples: 

a. Emtankments: ''Measurements. — The measurement of all materialised 
in the embankment shall be made in the embankment." 

b. Levers: Estimate of quantities. — "The solid contents of the levee, com- 
puted to the established permanent grade and cross section only, will be 
paid for. Nothing will be allowed for shrinkage. The cost of clearing, grub- 
bing and breaking the surface shall also be included in the price per cubic 
yard for embankment." 

c. Canals: ''Measurement. — Measurement for all excavated material will 
be made in excavation by the cubic yard of twenty-seven cubic feet, based 
upon the survey and cross-section notes of the engineer. 

"All 'glacial drift' excavated under the direction of the engineer, whether 
in or out of the main channel, will be included in the measured quantities. 

" 'Solid rock' excavated within the limits of the dimensions and grade 
of the main channel, or of any river diversion channel, or for the placing 
of any bridge or other structure, as hereinbefore specified, or that shall be 
taken out by direction of the engineer, shall be included in the measured 
quantities, provided that nothing will be included for rock that comes out 
below grade in the excavation of any channel. 

"The prices given herewith are to include all work herein specified as 
clearing and grubbing, levees for protection, pumping, roadways for work- 
ing, back filling of retaining walls, and generally all work and material found 
necessary in prosecuting this contract." (Spec. San. Dist. of Chicago.) 

d. Tunnel excavation. — "Excavation either in earth or rock shall be 
estimated of a diameter only as great as the outside of the specified walls of 
the shaft or tunnels. Any material resulting from caving, careless blasting, 
or any other cause by which material shall be removed from beyond the lines 



4 Vol. 50, p. 224. 



Specifications for Fundamental Processes 241 

specified, shall be removed and refilled with suitable clay thoroughly rammed 
in place 5 and at the contractor's expense." 

§ 13. (F) Shrinkage. — Material when moved from, its natural 
bed usually alters its volume, sometimes to a considerable extent. 
Earth when excavated and placed in an embankment usually shrinks, 
frequently as much as ten per cent of its original bulk. Rock on the 
other hand when broken and placed in a fill, increases its bulk on ac- 
count of the voids between the pieces. This change in volume becomes 
important in considering earth and rock work. Earth work, if meas- 
ured in embankment, will measure less than if measured in excavation, 
unless allowance is made for shrinkage. Embankments unless carried 
above the permanent grade will prove deficient unless extra material is 
furnished. . Rock work will occupy a much greater space than in the 
bed from which it was taken. 

Examples: 

a. Measurement. — "When earth work, taken from borrow pits, is meas- 
ured in embankments, an allowance of ten per cent, for shrinkage shall be 
made, and, the net embankments will be estimated as ninety per cent, of 
the gross excavation." 

b. Provision for shrinkage— "One-tenth shall be allowed for the settle- 
ment or shrinkage of all embankments, regardless of the character of mate- 
rial used, or the method of construction, and no embankment that is not car- 
ried up one-tenth higher than the established grade shall be paid for. The 
allowance for shrinkage must be deposited on the crown and slope during 
the original construction in such a manner as to give the width of crown 
and the slope required, which slope shall be uniform from top to toe of fill." 

§ -14. (G) Extra Excavation. — It is necessary to anticipate the 
possibility of a greater amount of excavation than that which would be 
estimated from the plans for an improvement on account of the fre- 
quent necessity of removing material which may be objectionable or to 
reach a more satisfactory foundation. In foundations for pavements, 
the following specification is often used :^ 

"All clay and spongy material shall be removed to a depth to be deter- 
mined by the engineer, not exceeding 12 inches below the bottom of the 
foundation, and shall be replaced with such material as the engineer may 
direct." 

This specification is faulty for two reasons: (i) It does not de- 

? Concrete filling may be required and if so should be specified. The 
specification "good material as the engineer may require" is indefinite and 
unfair. 

6 See Eng. News Sup., Vol. 50, p. 257. 



242 Notes on Contracts and Specifications 

scribe the material with which the fill is to be made; (2) It does not 
provide for extra compensation when such filing is required. 

If the spongy material is to be replaced by sand, gravel or cinders, 
it should be so specified. If the fill is to be of clay, the specification 
should be equally explicit : the source from which it is to be obtained 
should be specified, and a sample of the same should be provided so 
that there will be no uncertainties as to the character of the material 
which the engineer will accept. 

While it may be desirable to avoid a bill for extras, it is seldom 
that extra expense is really avoided by requiring the contractor to as- 
sume risks for extra work for which he is to receive no compensation. 
A few test pits along the line of the work will give the necessary in- 
formation as to the occurrence of unsuitable material for the founda- 
tion, and an allowance can be made in the original estimate for the 
cost of extra filling, and a bid for the same required when the work is 
let. In this way the contractor is relieved from hazard and can and 
will submit a lower proposal for the work. 

Examples: 

a. General: "All excavation deeper than shown on the drawings, and all 
extra excavations ordered by the engineer shall be estimated and paid for 
at the contract price." 

b. Grading for Pavements: "All material more than eight inches below 
the established grade, together with all material excavated from above the 
grade of the finished pavement shall be classed as extra excavation and paid 
for at the price of such extra excavation named in the accepted proposal. 
The cost of all other excavation including all necessary excavation for curb- 
ing shall be included in the prices named for paving and curbing." 

c. Excavation for Trenches: "Any increase in depth beyond that which 
Is necessary to lay the pipes in the above described manner, if ordered by 
the engineer, shall be paid for at the price bid per cubic yard for extra 
earth excavated and backfilled; provided such extra depth average at least 
three inches the whole length of extra cut. A corresponding deduction will 
be made for all length of less depth than that specified, but no attention will 
be paid to an average less than three inches for the whole length of such 
trench. The contractor shall also make additional excavation whenever re- 
quired for the purpose of securing a good and satisfactory foundation, for 
which work he shall be paid the price bid for extra excavation." 

§ 15. (H) Extra Material and Borrow Pits. — Extra material 
that cannot be obtained from the location of the work is frequently 
needed for embankments and fills. In most work the land from which 
such material can be obtained is provided, but occasionally it may be 



Specifications for Fundamental. Processes 243 

desirable to depend on the contractor to secure such extra material 
from sources which he shall provide. 

Examples: 

a. Contractor to Furnish Material. — "The contractor shall make all nec- 
essary arrangements to secure the material for the embankment, and no ma- 
terial shall be taken from the public streets or highways except as removed 
in the necessary grading." 

b. Borroic Pits Provided. — "All necessary land for borrow pits will be 
provided by the party of the first part." 

§ i6. Operations. — Under this heading should be included all 
specifications in reference to the necessary operations by which 
earthworks are to be begun, prosecuted, and completed, including 
also all restrictions and necessary precautions which are to be taken 
in order to secure good work and protect public life and property 
and the work itself. 

(A) to (E) Inclusive: Beginning Work, etc. 

(A) Dredge Work: ''Beginning Work. — The work shall be begun at the 
outlet, but the contractor may leave such temporary dams as may be neces- 
sary to hold back the water for the dredges, provided such dams are removed 
as soon as the progress of the work permits." 

(B) Grades and LAnes. — "The approximate depth of the excavation will 
be given by the engineer before the excavation is begun. Grade and line will 
be given by the engineer every 12 14 feet at the bottom of the trench, on stakes 
to be set by the contractor." 

(C) Clearing and Gruhbing: a. For Levees. — "The ground to be occu- 
pied by the levee must first be cleared of all trees, stumps, logs, bush, weeds, 
and all perishable matter of every kind. All trees and stumps shall be 
grubbed out by the roots, and all work shall be done to the full satisfaction 
of the engineer." 

Z), For Reservoir. — "The entire surface of the ground on which the reser- 
voir is to be constructed shall be cleared and grubbed of all trees, stumps, 
bushes and roots. All such material shall be removed from the reservior 
area. All good timber shall be cut and corded, and shall be and remain the 
property of the city. All debris shall be burned or otherwise removed from 
the city property." 

c. For Canal. — "The contractor will be required to remove all trees, 
stumps, buildings, fences, or other incumbrances within 1.50 feet of the center 
line of the channel, or that may be in the way of any collateral or subsid- 
iary work herein specified. All such material of value shall be the property 
of the contractor, and all worthless material shall be disposed of as directed 
by the engineer. The cost of this work shall be included in the prices for 
excavation as hereinafter stated." (Spec. San. Dist. of Chicago.) 

(D) Breaking Surface for Levee.— "The entire surface which will be used 
for the base of the levee shall be thoroughly broken with a spade or plow 
in order to form a satisfactory bond with the earth fill.'" 



244 Notes on Contracts and Specifications 

(E) Changes in Roads and Railroads: ''Railway changes. — Throughout 
such sections of the work as may require a change in location of any rail- 
way, the contractor shall grade a double track road-bed with material from 
the excavations herein before specified, said road-bed to be thirty (30) feet 
wide on top, with side slopes of one and onerhalf to one, and conforming in 
height and location and in other particulars to the plans of the engineer, 
as shown on plan '2 a,' and the cost of any such work shall be included 
in the prices for excavation hereinafter stated. (Spec. San. Dist. of Chicago.) 
§ 17. (F) Consolidation, Rolling, Tamping, etc. 

a. For Reservoir Emliankment. — "The embankment shall be built by 
dumping the material in uniform layers and to the full width thereof. The 
material so deposited shall be spread out in uniform layers not over twelve 
inches in, thickness and thoroughly rolled with a road roller of approved 
weight and dimensions." 

b. For Levees. — "The movement of all wagons, carts or scrapers used on 
the work shall be so directed that all parts of the embankment shall be 
made equally and uniformly compact." 

c. For Pavements. — "The sub-grade, after being properly puddled, and 
brought to the proper section, shall be thoroughly compacted by rolling and 
tamping in such manner arid to such extent as the engineer may direct. The 
roller shall not be less than three (3) feet in diameter, or more than six 
(6) feet wide on the face, and shall weigh at least eight (8) tons, and it 
shall be so operated as to roll the entire sub-grade between the street curbs. 
All places that have not been or cannot be properly rolled, shall be tamped 
with square hand tampers of not more than twelve (12) inches square face, 
and not less than ninety (90) pounds weight. The rolling and tamping of 
the foundation shall always be kept at a distance of not less than one hun- 
dred (100) feet ahead of the pavement." 

d. For Pavements. — "When the road-bed has been brought to sub-grade 
and before the curbs are set, and after the city has made any necessary im- 
provements, the sub-grade shall be thoroughly rolled with a steam road 
roller, weighing not less than ten tons. Any soft and spongy places that 
may appear during the rolling, shall be filled with dry earth or old macadam 
and be rolled until they are firm and solid and conform to sub-grade, being 
sixteen (16) inches below the finished surface." 

e. Tamping Trenches. — "In refilling the trenches, the earth fill in the 
bottom of the trench under, around, and six inches (6'') over the top of 
the pipes and other castings, shall be carefully packed and well rammed 
with proper tools for the purpose. Care shall be taken to give the pipe 
a solid bearing throughout its entire length. The earth filling above the 
pipes shall also be sufficiently packed to prevent serious after settlement. 
The contractor will not be required to tamp the entire refilling, but the 
street shall immediately after refilling be put into a passable condition and 
kept so for the limit of guarantee; a crown being left over the trenches of 
not to exceed six inches (6") in the width of the trench, and solid enough 
to prevent a horse or wheel from sinking into it to a dangerous extent, of 
which the engineer shall be the judge. After rains, or at other times when 



Specifications for Fundamental Processes 245 

any settlement occurs, either in the surface of the fill, or by the formation 
of holes beneath the crust, the trench shall be refilled and redressed, and all 
kept in a satisfactory and passable condition. 

"The back filling shall be done as soon as possible after the sewer is 
completed at any point. The earth shall be placed carefully in layers of 
not over nine inches in thickness, and each layer, before the next is placed, 
shall be thoroughly wet or rammed as the engineer may direct, and the 
filling shall be packed and rammed under and around the sewer, with proper 
tools, so as to effectually prevent all injury from settlement to the sewer, or 
of unusual repairs to the streets." 

f. ConsoUdating Trenohes: "(1) In refilling the trenches the earth on 
each side and six inches over the brick work shall be carefully laid in so as 
not to disturb the work, and solidly rammed. After this, the center may be 
struck, but no more load shall be placed on the arch until such time as the 
engineer may direct. 

"(2) Special care must be taken in filling around the sewer to keep the 
earth the same height on both sides. 

"(3) The first layer shall be placed in wdth shovels, and the sewers shall 
not be walked upon until this is done. The earth then tot be thoroughly 
rammed in eight-inch layers, with in no case more than twice the number 
of men refilling than there are ramming. 

"(4) The balance of the trench may be filled in the same manner, or by 
sluicing with water, as the engineer may direct." 

§ i8. (G), (H) and (I) Limiting and Protecting Work. 

((r) Limits of Work: "In no case shall the contractor be allowed to work 
any trench more than four hundred (400) feet in advance of the pipe laying 
unless otherwise permitted in writing by the engineer, and in all cases the 
refilling shall be kept within 200 feet of the completed pipe laying, unless 
otherwise given in writing." 

(H) Bracing, Sheeting and Shoring: a. Shaft and Tunnel. — "The contrac- 
tor shall furnish and place all necessary bracing and shoring for preventing 
caving in the shaft, or tunnels to be built under this contract. The con- 
tractor shall so protect his work from caving that it shall cause no settle- 
ment or injury to the walls of the pumping station or reservior, or to the 
foundations of the same, or to the foundations of any machinery installed 
therein, and he shall make or cause to be made, or shall pay the cost of mak- 
ing any repairs to the city property damaged directly or indirectly by his 
operations." 

6. Sheeting Excavation. — "In all cases when necessary to prevent the 
caving of banks, the contractor shall furnish and put in suitable bracing or 
sheeting at his own expense and remove the same when the trenches are 
refilled." 

c. Removing Bracing, eic— "Before the refilling, all shoring, bracing, 
etc., shall be removed from the trenches, but shall be removed only as the 
filling progresses in order to keep the trench from extensive caving." 

(/) Protection, Care and Maintenance of Traffic: a. Bridging Trench. — 
"Should occasion require on any of the business streets, or in any street. 



246 Notes on Contracts and Specifications 

the importance of which as a thoroughfare is great enough to make it neces- 
sary so to do, of which the city shall be judge, the contractor shall properly 
bridge the trench to permit a safe crossing of traffic." 

§ 19. (J) Obstructions. — Improvements Encountered. 

a. Obstructions.— "When necessary to cross or interfere with existing 
culverts, drains or pipes of any kind or description which may be so located 
in said streets, or any railroads, side tracks or other constructions, which 
may be located in said street, notice shall be given to the city, and the work 
shall be done in accordance with the direction of said city or its represen- 
tative. All objects requiring it shall be sustained in place until the work 
is completed and any damage caused shall be thoroughly repaired, and all 
work requiring strengthening to meet any additional strain caused by such 
excavation shall be properly made by the contractor to the full satisfaction 
of the city. 

"All 'repairs of injury to pipes, drains or other obstacles encountered in 
or on the street, shall be properly made before filling over and around the 
same." 

b. Replacing improved surfaces. — "In all cases the class of pavement 
before existing shall be carefully replaced so as to be in every way equal to 
the original surface in material and workmanship as far as practicable. In 
improved streets and through the business portion- of the town, the contractor 
shall thoroughly tamp the material from the pipe to the surface so that no 
after-settlement shall occur." 

c. "The contractor shall do whatever may be necessary to keep in posi- 
tion, and to protect from injury all water, gas pipes, service pipes, lamp 
posts, poles, and all other fixtures which may be encountered in carrying on 
the work. In case any of the said pipes, posts, poles, or other fixtures be 
damaged, they shall be repaired by the parties having control of the same, 
and the expense of such repairs shall be deducted from the amounts which 
may become due the contractor." 

§ 20. (K), (L), (M) and (N) Pumping Methods, etc. 

(K) Pumping and draining: a. Trenches. — "During the trenching and the 
laying of the pipe, the contractor shall properly dispose of all drainage or 
water seeking the trenches, by the employment of suitable flumes for con- 
• ducting the water from the work, or by doing all necessary pumping and 
bailing. He shall provide for all waterways, ditches or sewers intercepted 
during the progress of the work, and replace them in as good and satisfac- 
tory condition as they were before they were disturbed, before the work 
will be accepted." 

b. Shaft and Tunnels. — "During the construction and until the work is 
completed and accepted, the contractor shall promptly and properly dispose 
of all drainage water seeping into the shaft or tunnels by doing all necessary 
pumping and bailing, and he shall furnish all necessary machinery and ap- 
paratus therefor." 

(L) System of Excavation: a. Trenches. — "All excavation shall be done 
by open cut from the surface. Trenches for pipe sewers, shall be eighteen 
inches wider than the diameter of the pipe. The bottom of all trenches,. 



Specifications for Fundamental Processes 247 

whether for pipe or brick sewers, must be as far as practicable excavated to 
the exact form and size of the lower half of the pipe, or sewer, to be laid 
therein. Suitable holes shall be cut for the pipe, bells, and for the proper 
fitting of all junctions when needed." 

b. Trenching. — "The excavation will, in all cases, be continued from the 
surface to the bottom line of the same, unless otherwise specially permitted in 
writing by the city. The trench shall be properly and smoothly bottomed 
so that the pipe will have a full length support. In excavating through 
improved street surfaces, the material shall be carefully removed and kept 
free from the other material excavated from the trenches. 

"In order to facilitate traffic and interfere with the use of the public 
streets as little as possible, all trenches having an average depth of eight 
feet or more shall be excavated by the use of an overhead conveyor system 
with which the material excavated on one portion of the work shall be 
dumped directly into the trench in which the sewer is already completed. 

(ill) Filli7ig: Aqueduct Emhankments. — "The material is to be deposited 
and spread in horizontal layers not exceeding 3 inches in thickness, each 
layer to be sufficiently watered and very thoroughly rolled with a heavy 
grooved roller. From time to time during the construction of this portion 
of the embankments, and if so required, three times after its completion, 
this portion shall be so thoroughly saturated with water that it will stand 
upon the surface. 

"The building of the aqueduct upon such foundation embankments shall 
not be begun until they have stood six weeks after completion, unless other- 
wise directed.'' (Met. Water & Sewerage Board.) 

(X) Drilling, CJiannelling, Blasting and Quarrying : a. Shaft and Tun- 
nel. — "If blasting is necessary in the removal of rock from said shaft or 
tunnels, due care shall be taken to protect all finished masonry or other 
work or material in said shaft or tunnels from injury due to the blasting. 
All blasting shall be carefully covered and all blasts shall be fired by means, 
of electric igniter and detonating caps, and not by fuses." 

b. Canal. — "The contractor is to furnish all explosive compounds for 
blasting the material provided to be excavated under this contract; and, 
whereas, the storing, handling, and use of so large an amount of explosive 
material requires the utmost care and discrimination, it is therefore under- 
stood and agreed that the said contractor shall arrange for the storage of 
all explosive materials at a distance not less than 600 feet from the work, 
or from any other magazine, or from any dwelling occupied from a habitation, 
and that not more than 5,000 pounds shall be kept in one place. It is fur- 
ther understood and agreed that said explosive material shall in no case 
he brought onto the work except when needed for the purpose of charging 
the blast holes, and then only in such quantity as is needed for the particu- 
lar work in hand, and that none but skilled and careful men shall be em- 
ployed in the handling or use of said explosive, and that no liquid explosive 
shall be used. 

"It is further understood and agreed that the ground surrounding all 
magazines shall be kept free of vegetable or combustible material for a radius. 



248 Notes on Contracts and Specifications 

of one hundred feet, and that their walls shall be made bullet proof, to a 
height of one foot above the contained explosives, and that in no case shall 
they be made of brick or stone. It is also understood and agreed that such 
signals of danger, as may be directed by the engineer, shall be given or 
displayed before the firing of any blast, and that the said contractor shall 
conform his acts to and obey all rules and regulations relative to the hand- 
ling of explosives and the firing of blasts, for the protection of life or prop- 
erty, which may be made by the engineer from time to time." (Spec. San. 
Dist. of Chicago.) 

§ 21. (O) Disposal of Material and (P) Overhaul. 

(0) Disposal of Material: a. Shaft and Tunnel. — "The material from the 
shaft or tunnels shall be deposited at the point directed by the engineer, the 
distance to which shall not exceed three hundred feet from the top of the 
shaft." 

b. Street Work. — "All excavated material shall be disposed of as fol- 
lows: First, it shall be used to make any fills necessary to bring the foun- 
dation of the street to the proper grade; second, it shall be deposited on any 
street or alley or lot or parcel of land within one thousand feet of the place 
of excavation, which may be selected or designated by the engineer, and third, 
the balance of said material shall be removed from said street by the con- 
tractor and at his own expense, and may be sold or otherwise disposed of 
as he may elect, 

"The city reserves the right to all cobble stones, gutter crossings and 
cross walk stone in good condition, after the same, have been taken up by 
the contractor, who shall use due care in handling the same so as not to 
break them, and shall carefully pile the same at such points on intersecting 
streets as the engineer may direct." 

c. Trenches. — "The material from the trenches shall be so deposited as 
to interfere as little as possible with public travel or the convenience of 
the residents on the thoroughfare in which the excavation is made." 

d. Trenches. — (a) The excavated material or other material used on the 
work shall be laid compactly on the sides of the trench, and kept piled or 
trimmed up so as to be of as little inconvenience as possible to the traveling 
public and adjoining tenants. 

(&) Said material shall not obstruct the gutter of any street, and all 
proper measures shall be taken to provide for the free passage of surface 
water along the gutters. 

(e) Canal. — The contractor, except as hereinbefore specified, is to dis- 
pose of all material to be excavated under the terms of this contract at his 
own expense, and in the most convenient manner, in waste banks on the 
right of way; provided, that the foot of the inner slope of said banks shall 
not be nearer to the edge of the main channel than 50 feet, measured at 
an elevation of 10 feet above datum, and that the foot of the outer slope 
shall not approach the margin of the right of way closer than 10 feet, nor 
encroach on the channel of the Desplaines river as finally established, and 
so as to materially interfere with the flow thereof; the slopes next the chan- 



Specifications for Fundamental Processes 249 

nel and said margin of river to be not less than one and one-half to one, and 
said waste banks to be within the limits of 450 feet from the edge of the 
main channel, and provided that this shall not be construed to prevent any 
other disposition of the material with the consent of the engineer." (Spec. 
San. Dist. of Chicago.) 

(P) Overhaul. — "All material shall be delivered at such points, within 
fifteen hundred feet of the work, as the engineer may direct. On any ma- 
terial delivered at a greater distance, 'overhaul' will be allowed for each one 
hundred feet in accordance with the prices named in the accepted and at- 
tached proposal. 

§ 22. (Q), (R), (S) and (T) Completion and Maintenance. 

(Q) Grading. Leveling and Dressing, (a) "The slopes of the embank- 
ment shall be carefully and evenly dressed to the lines given; all to the 
satisfaction of the engineer." 

h. "The slopes shall be carefully brought to the proper sub-grade and 
dressed with four inches of loam of approved quality." 

{R) F)Odding and Seeding, (a) Sodding. — "After the slopes are dressed 
to grade they shall be sodded with fresh cut sod carefully pinned in place, 
which shall be kept well watered for 30 days thereafter." 

t). Seeding — "After the slopes are covered with a loam dressing, as 
elsewhere specified, they shall be carefully seeded with blue grass, and also 
sown with oats to protect the young grass. The seeding shall be carefully 
watered for 30 days thereafter. 

(S) Continuous Prosecution of Woi~k. — "Should treacherous material 
be encountered such as quicksand, running sand, etc., and the conditions 
of the work, in the opinion of the engineer so demand, the work shall be 
pushed with the utmost vigor and shall be carried on continuously night 
and day." 

(T) Maintenance, a. "All embankments are to be maintained for one 
year after completion, and any erosions shall be carefully filled and com- 
pacted, and the work shall be left in condition satisfactory to the engineer 
at the end of the year period. 

§ 23. Assignments on Specifications for Earth and Rock Work. 

— The student should be assigned one or more of the following subjects 
and be required : 

1. To outline the various subject headings which should be in- 
cluded in a specification for the required work. 

2. To prepare or select proper specifications which will assure a 
correct understanding of the nature of and the manner in which the 
required work is to be done. 

Note. — In each case it will be desirable to give the subjects a local 
significance by applying the work to local conditions that can be inves- 
tigated, and by giving definite dimensions to the work. 



230 Notes on Contracts and Specifications 

Excavatioti and Grading: 

Excavation for the basement and foundations of a building. 

Grading around a public building. 

Grading an athletic field. 

Grading a city block for building purposes. . 

Regrading a hilly portion of a city (hydraulic process). 

Grading a street through a considerable rise. 

Excavation for pavement and preparation of subgrade. 
Stripping and Grubbing: 

Stripping surface for reservoir. 

Stripping surface for quarry or open mine. 
Fills and Embankments: 

Filling across a ravine for highway purposes. 

Construction of levee by scrapers. 

Construction of levee by machinery. 

Construction of a railway fill by scrapers. 

Construction of a railway fill by steam shovels and cars. 

Excavation for culvert under railway in operation. 

Construction of earthen reservoir dam by scrapers. 

Construction of earthen reservoir dam by cars. 

Construction of earthen reservoir dam by machine work. 

Construction of earthen reservoir dam by hydraulicing. 
Ditching and Dredging: 

Construction of an irrigation canal, hand finished for lining. 

Construction of drainage (or irrigation) ditch by hand work. 

Construction of drainage (or irrigation) ditch by scrapers. 

Construction of drainage (or irrigation) ditch by machinery. 

Dredging a river bed for boat channel. 

Dredging a river or lake for a dock. 

Excavation within cofiferdam for dam foundations. 

Excavation within cofferdam for pier foundation. 
Shaft and Tunnels: 

Construction of tunnel in earth for railway. 

Construction of tunnel in earth for aqueduct. 

Excavating a dug well. 

Excavating a mine shaft. 
Trenching: 

Construction of trench for pipe sewer. 

Construction of trench for brick sewer. 



Specifications for Fundamental Processes 251 

Construction of trench for concrete sewer. 

Construction of trench for water pipe. 

Construction of trench for electric condui'ts. 

Construction of trench for electric cable. 
Miscellaneous: 

Excavation for transmission tower base in hard ground. 

§ 24. Assignments of other Fundamental Processes. 
Bank Protection : 

Furnishing and placing heavy riprap. 

Furnishing and placing riprap paving. 

Furnishing and placing block stone paving. 

Furnishing and placing rock filled timber cribs. 
Brick Masonry: 

Laying common brick in walls of building. 

Laying fire brick and common brick in boiler setting. 

Laying face brick in building fronts or enameled brick in engine 
room wall. 

Laying hard brick in boiler room floor or sidewalk. 

Laying brick in sewers, chimneys or pavements. 

Laying common brick in bus bar compartments. 
Brush Mattress: 

Making and placing, including covering with riprap and sinking. 
Carpenter Work: 

Constructing concrete forms (finished work or rough work). 

Framing timbers for crib dams or trestle work. 

Framing timbers for headings and tunnels or shafts. 
Coffer Dam: 

Clay embankment (for shallow water). 

Sand and clay embankment with sheet piling inner wall. 

Two rows of sheet piling filled with puddle. 

Rock-filled crib with outer sheeting of wood. 

Rock-filled crib with outer sheeting of steel. 
Concrete Work — Plain or Reinforced : 

Making concrete (mixture") and placing foundation of roads or 
machinery. 

For retaining wall or piers and abutments. 

For sidewalk, floors or curb and gutters. 



7 Mixture to be selected or assigned. 



252 Notes on Contracts and Specifications 

For arched bridge or culverts. 

For ditch or tunnel lining. 
Concrete Work — Reinforced : 

For fence posts, bearing piles or transmission poles. 

For reservoirs — walls and bottom or lining. 

For beams, slabs or columns. 

For sewer pipe or culverts. 
Feiicing: 

Railroad right of way or highways. 

Farm property for horses, cattle or poultry. 
Highway and Street Construction: 

Foundations of gravel, cinders, concrete, broken stone or Telford. 

Surface of gravel or crushed granite. 

Macadam (water bound, oil bound or with bituminous wearing 
surface). 

Cedar block, Douglas fir block or creosoted wood block. 

Vitrified brick or stone blocks, sheet or block asphalt. 
Machinery and Appur'tenances: 

Furnishing steel castings for gears. 

Furnishing steel forging for connecting rods or shafting. 

Furnishing iron castings for engine cylinders and machine frames. 

Furnishing castings for large gears (uncut or cut gears). . 

Furnishing brass castings for bearing boxes. 
Machine Shop Work : 

Boring engine cylinder. 

Forming and finishing piston rod and connecting rod. 

Making and furnishing bolts and nuts (ordinary or finished work). 

Riveted work for large penstock or turbine housing. 

Riveted work for ordinary return tubular boiler. 

Riveted work for best Scotch marine boiler. 

Riveted work for house tank or standpipe. 
Painting: 

Steel bridge or steel poles and towers. 

Frame building (exterior) or windows and door frames of brick 
power house. 

Steel standpipe or steel penstock. 

Interior steel trusses of power house or plaster walls of engine 
room. 

Finishing hard pine floor or wainscoting of engine room. 



Specifications for Fundamental Processes 253 

Piling : 

Driving bearing piles for foundation of power station or brick 
chimney. 

Driving sheet piHng in a dam foundation of wood or of steel. 

Driving concrete bearing piles or casting concrete bearing piles in 
place. 

Sawing off round piles under water or cutting off steel poles in 
place. 
Pipe: 

Furnishing and laying lead joints or flange joints. 

Furnishing and laying concrete sewer pipe or reinforced concrete 
conduit. 

Furnishing and laying vitrified sewer pipe. 

Furnishing and laying riveted steel pipe. 

Piping for connecting steam engine and boiler of steam engine and 
condenser. 

Covering exposed water pipe over bridge or to elevated tank. 
Plastering, etc. : 

Placing wood lath or metal lath. 

Placing back plastering, scratch coat, brown coat or finishing coat. 
Rock Work: 

Quarrying stone for building, rubble, concrete or riprap. 

Excavating rock for railway cut (in dry) or navigation canal. 

Excavating rock for shaft or tunnel. 
Roo^ng: 

Laying shingles of wood, asbestos or slate. 

Laying roof of slate, tile, tar and gravel, composition or metal. 
Stone Masonry: 

To cover size, laying, bond, joints, etc. 

To cover bridge pier masonry of coursed ashlar. 

To cover building pier of uncoursed rubble. 

To cover dam of broken ashlar. 

To cover retaining wall of coursed rubble. 

To cover wall of building, random range ashlar. 

To cover buildings, dressed faced coursed ashlar. 
Transmission Line: 

Framing and erecting timber poles. 

Stringing conductors and galvanized steel ground wire. 

Setting concrete bases or distributing tower material. 

Assembling and erecting towers and hanging insulators. 



CHAPTER XVI 
SPECIFICATIONS FOR MACHINERY AND APPARATUS 

§ I. Divisions. — Specifications for machinery and apparatus may 
be divided into three classes. 

First. G.eueral specifications are usually prepared for occasions 
when it is proposed to purchase standard designs of manufactured ma- 
chinery. Such specifications should definitely designate : 

A. The kind and number of machines to be furnished. 

B. The purpose for which they are to be used. 

C. The capacity. 

D. The condition of operation. 

E. The conditions of delivery, foundations and erection. 

F. The tools and appurtenances required. 

G. The time of delivery. 

H. The specification may also include such other special require- 
ments in regard to type of machine desired as will confine the bidders 
to the machine more nearly fitted for the requirements of the condi- 
tions. 

/. The requirement of full specifications from the bidder as to 
the particular characteristics of the machine he proposes to furnish. 

Second. Detailed specifications are usually prepared for occa- 
sions when it is proposed to purchase machines which are designed 
by the manufacturer but which are manufactured to order and are 
more or less special, in accordance with the demands of the purchaser. 

Such specifications not only accurately define the requirements 
outlined under "General Specifications" but also describe at consid- 
erable length the requirements for material, workmanship, finish and 
strength of all or the principal parts of the machine to be furnished. 

Third. D.csign specifications are usually accompanied by com- 
plete detailed plans, and designate definitely and minutely in full de- 
tail every part and portion of the machine to be provided, describing 
the material from which it is to be made, its qualities and strength, 
the workmanship and finish, and the weight, size and dimensions of 
all parts. 



Specifications for Machinery and Apparatus 255 

The above divisions are more or less arbitrary and in practice 
such specifications often grade imperceptibly from one to the other. 

§ 2. General Specifications. — In general specifications for ma- 
-chinery and appurtenances, all essential requirements of the machine 
needed, and the work to be done by it, should be specified. These 
•should be given in suf^cient detail so that manufacturers may under- 
•stand what class of machinery is desired or what class is best adapted 
to the work. In such specifications, all general requirements that are 
fixed by the conditions should, so far as possible, be specified. If the 
machine must be horizontal or vertical, if its size must be limited, or 
if there are any other requirements which are definite and can be 
fixed, they should be stated. The conditions of installation and the 
■other requirements for a pump will usually determine whether it 
should be a steam pump or a power pump, and if the latter, whether 
it should be reciprocating or centrifugal. If a power pump is re- 
quired, the prime mover to be used is usually known, and whether it 
will be operated by rope drive, belt or by direct connection. 

The requirements for a steam engine will usually determine 
whether it should be simple or compound, condensing or non-condens- 
ing, and probably define certain other features which should be spe- 
cified. 

Unless the specifications limit the most common details, the bids 
under them will often embrace an exceedingly great variety of ma- 
chinery which will differ widely in the manner in which it will fulfill 
the requirements. Such a multitude of proposals for a great variety 
of machines, differing widely in character, will be difficult of com- 
parison even when the engineer is thoroughly familiar with the type of 
machinery in question and with the effect of changes in design on the 
economy of operation, and will leave the novice or those unfamiliar 
v^ith the machinery greatly perplexed. 

General specifications, where few or no details are included, are 
best adapted to occasions on which the competition can be limited to 
manufacturers known to be responsible and experienced, and whose 
line of goods can be taken largely on its merit with little or no ques- 
tion in regard to the character of material or of details. 

Where, as in the case of public lettings, the competition must be 
opened to all, and the award must be made to the lowest responsible 
bidder, such specifications do not ofifer a sufficient protection to the 
purchaser, and greater detail is essential. For such letting-s, it is nee- 



256 Notes on Contracts and Specifications 

essary to protect the purchaser from unscrupulous bidders, and the 
specifications must be drawn so complete as to prevent the use of im- 
proper material and construction. 

Limiting Details. — It is usually undesirable, except in special 
cases, to limit in great detail the dimensions of the parts of standard 
machinery. The standard machines of all first class manufacturers 
possess characteristics peculiar to that maker, characteristics on which 
much of the success of the machinery often depends, and on which 
the reputation of the manufacturer has been established. Specifica- 
tions requiring changes in such designs should seldom be written, ana 
then only when the peculiar local conditions absolutely require such 
changes. If the type of machinery made by such a manufacturer 
comes within the requirements of the case in hand, the specifications 
should be drawn so broadly as to admit the use of the valuable features 
of' all first class makers. For example, in pump and engine specifica- 
tions, it is usually undesirable and unfair to specify certain exact cyl- 
inder sizes and dimensions for, as a rule, no advantage will result, and 
the manufacturers whose standards are different are greatly and un- 
justly handicapped thereby. Similar unnecessary requirements con- 
cerning the exact dimensions of other portions of an engine or of other 
machines should be avoided. 

§ 3. Selections. — AMiere specifications are general and riot speci- 
fic, the standing and experience of the maker become important and an 
investigation of his general reputation, the length of his experience, 
the facilities he possesses for manufacturing, and the design and work- 
manship of the machinery ordinarily made by him, is desirable. Fre- 
quently, extensive manufacturers of a certain class of machinery make 
a specialty of a certain type or capacity, and in such cases may not 
have the experience necessary for the successful manufacture of ma- 
chinery of a different type or capacity. A machine furnished and 
manufactured by such parties often possesses the general characters 
of experimental work, and is likely to be only partially successful. 
Letters and references are of little value in this connection, unless 
carefully investigated and found to be from responsible disinterested 
parties, and based on a class of machinery similar or identical with the 
class needed for the particular purposes at hand. 

§ 4. Detailed Specifications. — The preparation of detailed spe- 
cifications departs from the general specifications only in the elabora- 
tion of the specification of details. 



Specifications for Machinery and Apparatus 257 

Detailed specifications for standard machinery can generally be 
drawn in such a manner as to avoid the necessity of requiring special 
machines. The general details adopted by first-class manufacturers 
can be specified, and, where practice differs, specifications may be so 
drawn as to admit the alternative of two or more first-class methods of 
manufacture. Such a method manifestly demands an intimate knowl- 
edge of correct practice, but such a knowledge is always necessary for 
correct specification writing. 

Considerable experience with the particular kind of machinery or 
apparatus in question is necessary before the engineer should venture 
to issue specifications in great detail. The builders of first-class ma- 
chinery, wdio are usually men of extensive experience, are slow to take 
contracts to manufacture machinery which is more or less special, and 
which may depart radically from the types or details they have found 
most desirable in their own line. Usually such specifications should 
be confined to requirements for workmanship and material, ample 
dimension and strength, and other requirements which will assure 
first-class construction and economy of operation without modifying 
seriously the fundamental design of the manufacturer. 

§ 5. Design Specifications. — When plans for a machine of new 
design are prepared, full and detailed specifications, describing the 
character of material and workmanship of each part, are essential and 
should accompany the working drawings. Such specifications admit 
of great elaboration, but even in such cases the design and specifica- 
tions should be kept within standard commercial lines with regard to 
sizes of rods, bolts, etc., wherever possible. Such specifications re- 
quire an intimate knowledge of the principles and practice of design 
and manufacture, and should be attempted only by the practicing en- 
gineer of experience. 

Contracts for special machinery of any kind can, of course, usu- 
ally be placed, if such machinery is essential to the particular installa- 
tion in view. Competition for such work however is limited, and the 
expense of departing from regular designs is often so considerable as 
to make the price of special machinery considerably greater than that 
of regular types. This is essentially true of machines that can be 
classed as "standard," which are in general use and are manufactured 
in large quantities. In other classes of machinery and apparatus 
which are simple in design and more or less special, it is sometimes 
found that a considerable saving can be made over prices demanded 



258 Notes on Contracts and Specifications 

by manufacturers for the adaptation of their special designs, by the 
preparation of detailed plans and specifications for the manufacture of 
a particular machine for a special purpose on carefully selected and 
economical lines. 

§ 6. Preparation of Specifications for Machinery. — In general, 
whenever a specifications is prepared for any particular machine, it 
must contain certain information which will be necessary as a basis 
for any intelligent proposal for the same. Every specification must 
be complete to this extent, even though it be in the simplest possi- 
ble form, such as a letter of inquiry for prices on the machine desired. 

From such a simple form, the specifications may be elaborated to 
the extent that the engineer finds it desirable to be more explicit as to 
his requirements for certain specific features, and even to the extent 
of including full detailed specifications (together with full detailed 
plans) for the size, dimensions, material and workmanship for each 
and every part of the entire machine. 

In considering the simplest requirements for machinery specifica- 
tions on which an intelligent bid may be made, certain data are found 
to be absolutely essential and certain other data are desirable. These 
may be classified as : 

A. Specifications which must always be included, and 

B. Specifications which should be included when practicable. 

In the preparation of specifications for machinery or apparatus, 
it is essential, especially for the young or inexperienced engineer, to 
prepare an outline for the general requirements which should be em- 
bodied in the specifications for the machine or apparatus under con- 
sideration. The manner in which this may be done is shown in the 
following outlines which have been used for some years by the -author 
in his own professional practice. 

§ 7. General Requirements for Specifications for Steam Boilers. 

A. Specifications for steam boilers must always include: 
(a) Number of boilers required. 
(6) Steam pressure which the boilers will be called upon to furnish. 

(c) Boiler capacity required — 

Boiler horse power. 

Number of pounds of dry steam at specified pressure horse 

power and description of machinery for which steam is to bo 

furnished. 

(d) Purpose for which boilers are desired. 

(e) Boilers to be delivered where. 



Specifications for Machinery and Apparatus 259 

(/) Foundations and settings to be furnished by whom. 
(g) Boilers to be erected by whom. 

(h) Specify tools, fittings and equipment to be furnished with boiler, 
which may include some or all of the following: 
Complete boiler settings. 
Grates, plain or rocking. 
Smoke stacks and guys. ' 

Furnace tools. 
Safety valve. 

Steam gauge, with siphon. 
Water gauge with stand-pipe. 
Gauge cocks. 
Blow off valve. 
Check valve. 
Stop valve. 

Whistle steam piping and covering. 
(i) Time of delivery. 

(;■) The bidder should be required to specify: 
Diameter of boiler. 
Length of boiler. 

Number, diameter and length of flues or water tubes. 
Weight of boiler. 
Weight of fixtures. 
Thickness of shell. 
Thickness of head. 
(k) Bidder should be required to furnish setting diagram showing 
floor space occupied, and position of all pipes and connec- 
tions, or catalogue cuts or prints showing the type of boiler 
offered. 
(I) It is desirable to require the bidder to submit detailed specifica- 
tions describing the general and particular features in the 
construction of the boiler on which the proposition is sub- 
mitted, 
(m) Avoid so far as possible specifying exact dimensions of features 
mentioned under "j," for all detailed specifications requiring 
departures from the maker's standard, mean extra and often 
unnecessary expense. 
B. Boiler specifications should also include: 
(a) Position — vertical or horizontal, 
(ft) Type: 

Plain cylinder. 

Return tubular. 

Locomotive. 

Scotch marine, or 

Other internally fired boiler. 

Water tube. 



260 Notes on Contracts and Specifications 

(c) Economy: 

Efficiency or economy required. 
Tests to be exacted. 

(d) Guarantee, insurance and forfeiture: 

Guarantee and insurance for one year against accident due to 

poor workmanship or material. 
Forfeiture for delay and premium for early completion. 

(e) Payments. 

§ 8. General Requirements for Specifications for Steam En- 
gines. 

A. Specifications for steam engines must always include: 
(a) Number of engines required. 
(&) Steam pressure under which the engines will be operated. 

(c) Horse power required. 

r Direct-connection to drive ] .^, 

(d) Engines to be used for J Belt-connection to drive f -u- .9 

(^ Rope transmission to drive ) 

(e) Engines to be delivered where. 

(/) Foundations to be built by whom. 
(g) Engines to be erected by whom. 

(h) Specify tools, fittings and equipment to be furnished with engine, 
which may include some or all of the following: 
Sub-base. 

Indicator connections. 
Steam separator and trap. 

Driving pulley, clutch couplings, or other connections. 
Governor size — if throttling. 
Steam pipes and covering. 
Drain or drip pipes. 
Throttle valve. 
Oiling devices. 
Foundation bolts. 
Tools and wrenches, 
(i) Time of delivery. 

(;) The bidder should be required to state the dimensions of the fol- 
lowing parts of the machine on which he bids: 
Diameter of cylinder or cylinders. 
Length of stroke. 

Diameter and length of main bearings. 
Diameter and length of crank pin. 
Diameter and length of cross head pin. 
Dimensions cross head bearing surface. 
Diameter of fly-wheel. 
Weight of engine. 



Specifications for Machinery and Apparatus 261 

(k) Bidder should he required to furnish setting diagram showing 
floor space and position of pipes, catalogue cuts or prints 
showing general type of machine offered. 

(Z) In general it is desirable to required bidders to submit detailed 
specifications describing the general and particular features 
in the construction of the machine on which a proposition is 
submitted, 

(m) Avoid as far as possible specifying exact dimensions of cylinders, 
or other features mentioned under "j," for all detailed speci- 
fications requiring departures from the maker's standards 
mean extra and often unnecessary expense. 
B. These specifications should also include: 

(a) Position — vertical or horizontal. 

(&) Expansion — simple or compound; cut-off; cylinder ratio; number 
of expansions or release pressure. 

(c) Condensing or non-condensing. 

(d) Type: 

Slide valve. 
Automatic. 
Corliss, etc. 

(e) Speed: 

Piston speed. 

Number of revolutions, or 
Speed of periphery of band wheel. 

Where the engine is to be purchased to drive a particular ma- 
chine, either by belt rope or direct connection, the speeds of 
both driver and driven must be so mutually arranged as to 
obtain the required results. 
(/) Arrangement of crank: 
Center crank. 
Side crank. 
(g) Regulation and economy: 

Regulation or limiting variation of speed under variations in 

loading. 
Efficiency or economy required. 
Test to be exacted. 
( h ) Finish : 

Lagging. 
Painting. 
Polishing. 
(i) Guarantee and forfeiture: 

Guarantee for one year against breakage due to poor work or 

material. 
Forfeiture for delay, and premium for early completion. 
(./) Payments. 



262 Notes on Contracts and Specifications 

§ 9. General Requirements for Specifications for Pumps. 
A. Specifications for pumps must always include: 

(a) Number of pumps required, and whether steam or power pumps, 
(ft) Steam pressure under which the pumps will be operated. 

Water pressure which the pumps will be required to furnish, 
(c) Capacity of pumps required in gallons per minute, or million gal- 
lons per day. 
id) Service on which pumps are to be placed. 
Fire service. 
Elevator service. 

Direct pressure water works system. 
Pumping into a stand-pipe. 
Pumping into a reservoir, 
(e) Pumps to be delivered where. 
{f) Foundations to be built by whom. 
ig) Pumps to be erected by whom. 

(7i) Specify tools, fittings and equipment to be furnished with pumps> 
which may include some or all of the following: 
Indicator connections for both steam and water end. 
Steam pipe connections and covering. 
Steam separator and trap. 
Size of driving pulley. 
Drain or drip pipes and air cocks. 
Throttle valve. 
Oiling devices. 
Foundation bolts. 
Tools and wrenches, 
(i) Time of delivery. 

(;■) Bidder should be required to specify diameter of cylinder or cylin- 
ders. 
Length of stroke. 

Weight of pump, together with such other information as the 
particular type of pump purchased will make desirable, 
(fc) Bidder should be required to furnish setting diagram showing 
floor space and position of pipes and connections, catalogue^ 
cuts or prints showing general type of machinery offered. 
(Z) In general, it is also desirable to require bidders to submit detailed 
specifications describing the general and particular features 
in the construction of the machine on which the proposition 
is submitted. 
B. These specifications should also include: 
(rt) Position — vertical or horizontal, 
(ft) Expansion — simple or compound. 
Cylinder ratio. 

Number of expansions, or release pressure, 
(c) Condensing or non-condensing. 



Specifications for Machinery and Apparatus 263 

(d) Type: 

Single cylinder double acting. 
Duplex cylinder double acting. 
Crank and fly-wheel high duty. 

(e) Speed: 

Piston speed. 

Number of strokes or revolutions. 
(/) Economy: 

Duty. 

Efficiency or economy required. 

Test to be exacted. 
(g) Finish. 

Lagging. 

Painting. 

Polishing. 
(h) Guarantees and forfeitures. 

Guarantee for one year against breakage due to poor work or 
material. 

Forfeiture for delay, and premium for early completion, 
(i) Payments. 

§ 10. General Requirements for Specifications for Electric Gen- 
erator or Motor. 

A. Specifications for electric generators or motors must always include: 
(a) Number of machines required. 
(6) Class of machinery: 

Direct current, voltage, winding (shunt, compound or series). 
Alternating current: 

Voltage, regulation, frequently, phase and power factor un- 
der which machine will operate. 

(c) Capacity required in kiloAvatts or H. P. overload requirements. 

(d) Generator or motor to be used: 

Direct connected. 

Belt connected, or 

Rope connected to what machine. 

(e) Machines to be delivered where. 
(/) Foundations to be built by whom. 
(g) Machines to be erected by whom. 

(h) Specify tools, fittings and equipment to be furnished with ma- 
chines, which may include some or all of the following: 
Switch-board and connections, including voltmeter, ammeter, 

wattmeter, lightning arresters, switches, lights. 
Portable measuring apparatus, including voltmeters. 
Ammeters. - 
(i) Time of delivery. 

(;) The bidder should be required to specify type of machine on which 
proposition is made. 



264 Notes on Contracts and Specifications 

Number of revolutions. 
Diameter and length of main bearings. 
Type of bearing. 

Efficiency at full, three-quarters and half load. 
Size of pulley (if used). 

Class of belt, or other connecting mechanism to be furnished. 
Guaranteed limit to heating under load. 
(k) Bidder should be required to furnish setting diagram showing the 
floor space and position of connections, catalogue cuts or 
prints showing general type of machine offered. 
(l) In general, it is desirable to require bidders to submit detailed 
specifications describing the general and particular features 
in the construction of the machine on which the proposition 
is submitted, 
(m) Avoid as far as possible specifying exact dimensions or other 
features mentioned in "j," for all detailed specifications re- 
quiring departures from the maker's standard mean extra 
and often unnecessary expense. 
B. Specifications for this type of machinery should also include: 
(a) Greater detail concerning type of machine desired. 
(&) Speed: 

Necessary specifications controlling speed, modified by the pur- 
pose for which machine is to be used, 
(c) Regulation and economy: 

Regulation limiting variations of speed under variation in load. 
Efficiency or economy required under variations in loa<i. 
Test to be exacted. 
id) Finish, 
(e) Guarantee and forfeiture: 

Guarantee for one year against injury due to poor work or ma- 
terial. 
Forfeiture for delay and premium for early completion. 
(/) Payments. 

§ II. Assignments for Preparing Outline of General Require- 
ments for Machinery and Apparatus. — The preceding examples sim- 
ply outline in logical order the general requirements for those features 
which should or may be included in the specifications for certain ma- 
chines or apparatus. 

The student should be assigned one or more of the following sub- 
jects, and should be required: 

First: To furnish an outline of the requirements which should or 
may be included in the general specifications. 

Second: On the basis of the outline prepared to write a letter 
to some leading mantifacturer, including therein all data necessary to 



Specifications for Machinery and Apparatus 265 

secure an intelligent proposition for the assigned machine or appara- 
tus. 

Third: To make a more complete outline for a general or detailed 
specification, arranging in logical order the various features and sub- 
divisions which should be included in the specification for the subject 
assigned similar to the examples given on pages 266 to 275. 

Fourth: To prepare a general or detailed specification for the as- 
signed SLibject, in general accordance with the examples given on pages 
275 to 284. 

§ 12. Subjects for Outlines and Specifications. 

Acetylene Blowpipe for Welding. 

Air Compressor. 

Air Pump for Condenser. 

Ammonia Compressor for Refrigeration. 

Ash Handling Machinery. 

Boiler — Fire Box, Scotch Marine, Water Tube, Steam Heating or Hot 
Water Heating, 

Condenser, Surface or Jet. 

Conveyor, Belt, Bucket, Cableway, Screw or Helicoid. 

Cooling Tower. 

Crane, Traveling or Gantry. 

Derrick, Stiff Leg or Guyed. 

Dredge, Steam — Bucket. 

Drill, Rock — Steam Driven or Air Driven. 

Drill, Twist— Drill Press. 

Economizer. 

Engine, Internal Combustion — Gasoline, Kerosene or Producer Gas. 

Engine, Steam — Corliss, Cross Compound or Hoisting. 

Electrical — Batteries, (Storage), Fuses, Heaters, Insulators, Lamps 
(Arc), Lightning Arresters, Meters, Motor-generators, Oil Drying Out- 
fit, Rectifiers, Relays, Regulators (Constant Current, Feeder or Volt- 
age), Rheostats, Switchboards, Switches (Air Break or Oil), Trans- 
former (Constant Potential or Constant Current). 

Elevator, Hydraulic — Plunger or Accumulator. 

Elevator, Electric. 

Forging Press. 

Furnace — Automatic Stoking, Foundry Cupola or Hot Air Heating. 

Feed Water Heaters. 

Fan — Mine-blowers, Dryers or Forced Draft. 

Gas Producer. 

Hoist — Mine Hoist, Tainter Gate Hoist. 

Hydrant for Fire Protection. 

Pile Driver — Drop Hammer or Steam Hammer. 



266 Notes on Contracts and Specifications 

Pump — Boiler Feed, Centrifugal, Condenser, Power (Triple or Deep 

Well). 
Pump — Simple Single Acting Steam, Sinking. 
Ram — Hydraulic. 
Steam Shovel. 
Stokers — Mechanical. 
Turbine — Hydraulic or Steam. 

Valve — Foot, Check, Gate — for Steam, Water or Gas. 
Valve — Relief, for Water — Safety, for Steam Boiler. 

§ 13. Preparation of Outline for More Complete Specifications. 

— The previous outlines are those necessary for the simplest form 
of specifications needed to secure intelligent proposals for the ma- 
chines or apparatus desired. In most general specifications, and in 
all detailed specifications, a more complete outline should be pre- 
pared. This should include all of the various features and details 
which the engineer decides should be properly included. These 
should be set down in logical order, and each main heading should 
be subdivided into each item which must ultimately be described. 
In general, such an outline should include : 

First: The extent of the contract. This should describe briefly 
all of the items which are to be furnished under the proposed con- 
tract. 

Second: The number, type, capacity, service and requirements 
of the machines desired. 

Third: The foundation, erection and finishing. 

Fourth: The appurtenances, tools, etc., to be furnished. 

Fifth: The details of the machine as far as they are to be set 
forth. 

Sixth: The drawings and specification to be submitted with 
the bid and to be made part of the contract. 

Seventh: The guarantees and tests on which the purchase is 
to be made. 

Eighth: The general recjuirements as to inspection, shipment, 
payments, etc. 

The following outlines used by the author in his professional 
practice will give an idea of the arrangement suggested and the 
extras to be incltided in such otitlines : 

§ 14. Outline of Specifications for a Steam Boiler. 
1. Extent of Contract: 
A. Boiler. 



Specifications for Machinery and Apparatus 267 



B. Erection. 

C. Valves. 

D. Pressure gauge, gauge cocks and water columns. 

E. Feed and blow-off pipes and connections. 

F. Tools. 

G. Gate bars. 

H. Boiler accessories and appurtenances as specified. 

2. Number of boilers. 

3. Rating. 

4. Type of boiler. 

5. Contractors' specifications. 

6. Details. 

A. General dimensions. 

B. Shejl. 

C. Tubes. 

D. Material. 

(a) Shell. 
(h) Tubes, 
(c) Rivets. 

E. Workmanship. 

F. Bracing — Flanges and connections. 

G. Dome or dry pipe. 

H. Manholes and handholes. 

7. Wall brackets or other means of support. 

J. Bending bars, rear arch bars, anchors, etc. 

K. Furnace and grates. 

L. Stoker. 

7. Furnace settings and coverings. 

8. Breeching, smoke connections, stack and stack plate. 

9. Boiler fronts and floor plates. 
10. Boiler accessories. 

A. Usual fittings: 

(a) Safety valves. 

(b) Steam gauge with siphon. 

(c) Water gauge with standpipe. 

(d) Gauge cocks. 

(e) Whistle and pipe. 
(/) Blow-off valve. 
(g) Check valve. 

(h) Stop valve. 

(t) Gauges — steam and recording. 

(:/) Furnace tools. 

B. Piping. 

(a) Steam pipe. 

(b) Feed pipe. 

(c) Blow-off pipe. 

(d) Pipe covering. 



268 Notes on Contracts and Specifications 

C. Feed pump. 

(a) Size and type. 

(&) Description. 
7). Feed water heater and purifier, exhaust head and connection. 

E. Injector and connections. 

F. Hot water meter and connections. 

G. Damper regulator. 

U. Coal cars — scales and track. 
/. Mechanical draft apparatus. 

11. Erection. 

12. Inspection and insurance. 

13. Efficiency of boiler. 

14. Test. 

15. Guarantee. 

16. Time of shipment, delivery or completion. 

17. Payments. 

§ 15. Outline Specification for Steam Engines. 

1. Extent of Contract: The work to be done under this contract shall include: 

A. The furnishing of steam engines. 

B. To be delivered 

{a) On foundations at 

(6) Free on board cars at 

(c) Free on board cars at factory. 
G. The foundations for said engine shall be constructed by 
(o,) Contractor for the engine. 
(&) The purchaser. 

D. The engine shall be erected by 

(a) The contractor for the engine. 
(&) The purchaser. 

E. There shall also be included all connections, tools, equipment, acces- 

sories and appurtenances as hereinafter provided. 

2. Capacity: The engines shall each have a capacity of at least (indi- 

cated or actual) horse power. 

3. Service: The engines shall develop the horse power above specified under 

a boiler pressure of pounds, and shall be designated to 

operate under boiler pressures ranging from pounds to 

...... pounds. 

The engine is intended to operate an (electrical generator, power 

pump, main shaft, etc.), which has a speed of revolutions 

per minute, (on which there will be placed a driving pulley 
inches in diameter by inch face), to which said en- 
gine is to be connected by (rope, belt, friction clutch, or direct 
connection). 

4. Type of Engine: The engine shall be of the (slide valve, automatic high 

speed or Corliss) type, and shall have (single, compound or 
triple expansion) cylinders, and will be used (condensing or 
non-condensing). 



Specifications for Machinery and Apparatus 269 

5. Drawings. 

6. Specifications. 

7. General Design. 

8. General Dimensions: The bidder shall furnish with his proposal the fol- 

lowing dimensions of the engines on which his proposition is 

based : 
Diameter of high pressure cylinder. 
Diameter of intermediate cylinder. 
Diameter of low pressure cylinder. 
Length of stroke. 
Revolutions per minute. 
Piston speed per minute. 
Size of steam pipe. 
Size of exhaust pipe. 
Diameter of fly wheel. 
Weight of fly wheel. 
Diameter of band wheel. 
Weight of engine. 

9. General Details: 

A. Cylinder. 

Material. 
Lagging. 

B. Valves. 

(a) Steam. 
(&) Relief or 
(c) Safety valves. 
G. Shaft. 

D. Bearings. 

(rt) Main bearings, 
(ft) Outboard bearings. 

E. Main rods. 

(a) Connecting rods. 
(&) Piston rod. 
(c) Eccentric rod. 
id) Valve rod. 

F. Pins: 

(a) Crank pin. 

(&) Cross head pin. 

G. Governor: 

(a) Shaft governor. 

(b) Throttling governor. 

(c) Automatic safety stop. 
H. Cross head. 

/. Cross head guides. 
J. Crank shaft. 
K. Fly wheel. 



270 Notes on Contracts and Specifications 

L. Frame. 

M. Bed plate. 

A\ Sub-base. 

0. Connections for power transmission. 

P. Workmanship. 

Q. Finishing. 

10. Furnishings: 

A. Foundations. 

B. Foundation bolts. 
G. Pipes. 

(a) Steam pipes. 
(&) Exhaust pipes, 
(c) Drain pipes.. 

D. Throttle valve. 

E. Separator, 

F. Gauges. 

G. Indicator connections. 

H. Lubricators and oiling devices. 
7, Tools, wrenches, etc. 
•/. Condenser: 

(a) Class — jet or surface. 

(&) Piping and connections. 
K. Air and vacuum pumps. 

11. Erection. 

12. Marks. 

13. Tests. 

14. Guarantee and insurance. 

15. Time of Delivery. 

16. Payments. 

§ i6. Outline of Specification for a Power Pump. 
1. Ecrtent of Contract: The work to be done under this contract shall include: 

A. The furnishing of power pumps. 

B. To be delivered 

(a) On foundations at 

(6) Free on board cars at factory, 
(c) Free on board cars at 

C. The foundations for said pumps shall be constructed by 

(a) The contractor. 
(&) The purchaser. 

D. The machines shall be erected by 

(a) The contractor. 
(&) The purchaser. 

E. There shall also be included all connections, tools, equipment, ac- 

cessories and appurtenances as hereinafter provided. 



Specifications for Machinery and Apparatus 271 

2. Capacity: The pumps shall each have a capacity of at least ( gal- 
lons per minute), ( million gallons per day of 24 hours) 

at a piston speed of not to exceed feet per minute. 

3. Service: The pumps shall be capable of pumping the quantity of water 

above specified against an ordinary (pressure of lbs. per 

square inch), (head of feet), or against a (fire pressure 

of lbs. per square inch), (head of feet for fire serv- 
ice- 

4. Type of Pump: 

A. Cylinders: 

(a) Single. 
(&) Duplex, 
(c) Triplex. 

B. Action: 

(a) Double acting. 
(&) Single acting. 

5. Efficiency. 

6. Drawings. 

7. Specification and description. 

8. General design. 

9. General dimensions. 

10. General details of construction: 

A. Pump frame. 

B. Water end: 

(a) Plungers — speed, capacity. 
(Z>) Stuffing boxes. 
C Water valve construction: 
(a) Design. 
(&) Valve discs. 
(c) Suction valves. 
id) Force valves, 
(e) Valve springs 
(/) Valve seats. 

D. Power end: 

(a) Pinion shaft. 

(&) Pinion and gears. 

(c) Gear guard. 

id) Speed of operating motor. 

(e) Size of driving pulley, friction clutch, etc. 

(/) Revolution. 

E. Connections. 

(a) Connecting rods. 

(?)) Cross head and cross head guides. 

(c) Main crank shaft. 

F. Water connections. 

(a) Hand holes. 



272 Notes on Contracts and Specifications 

(b) Air chamber and fittings. 

(c) Vacuum chambers. 
id) Drip cocks. 

(e) Air cocks. 

(/) Air inlet. 

(g) Priming pipes. 

(h) Suction entrance. 
G. Lubricators and oil cups. 
H. Pipe sizes: 

(a) Suction and discharge pipes. 

(&) Small piping. 
I. Foundation bolts. 
J. Foundation. 

11. Painting and finishing. 

12. Furnishings: 

A. Oilers and tray. 

B. Tools. 

C. Pressure gauge. 

D. Gauge boards. 

E. Revolution counter. 

F. Relief valve. 

G. Gate valve. 
H. Check valve. 
7. Connections. 

13. Erectioti. 

14. Marks. 

15. Factory tests: 

A. Of air chamber. 

B. Of pump. 

16. Tests for acceptance : 

A. A test for smoothness of working. 

B. Test for machine friction. 

C. Test of tightness and strength. 

D. Test of slip. 

E. Test for maximum working pressure and delivery, 

17. Guarantee and insurance. 

18. Time of completion. 

19. Payments. 

§ 17. Outline for Specifications for Duplex Steam Pump. 

1. Extent of contract. 

2. Class of pumps. 

3. Description of pumps. 

4. Drawings. 

5. General design. 

6. Service. 



Specifications for Machinery and Apparatus 273 



7. Material. 

8. Construction of pumps. 

A. Construction of water end. 

(a) Valve design. 
(&) Valve disc, 
(c) Suction valves. 
id) Discharge valves. 

(e) Valve springs. 

(f) Valve seats. 

(g) Hand holes. 

(h) Suction entrance. 

(i) Air chambers. 

(j) Vacuum chambers. 

(k) Drip cocks. 

(l) Air cocks. 

(m) Priming pipes. 

B. Construction of steam ends. 

(a) Steam ports. 
(&) Steam valves. 

(c) Cushion valves. 

(d) Clearance in cylinders, 
(c) Valve adjustment. 

C. Fittings. 

(a) Piston rods. 
(6) Valve rods. 

(c) Water plungers. 

(d) Stuffing boxes. 

D. Finishing. 

(a) Lagging. 
(&) General finish. 
9. Pipe connection: 

A. Suction and discharge. 

B. Steam pipes. 
10. Furnishings: 

A. Oilers and tray. 

B. Oil cups. 

C. Tools. 

D. Steam gauges. 

E. Revolution counter. 

F. Throttle valve. 

G. Relief valve. 
H. Cut-off valve. 
/. Stroke gauges. 
J. Connections. 

K. Foundation bolts. 
L. Foundations. 



274 Notes on Contracts and Specifications 

11. Erection. 

12. Marks. 

13. Factory tests: 

A. Of air chambers. 

B. Of pumps. 

14. Tests for acceptance. 

A. Test for smoothness of working. 
.5. Test for machine friction. 

C. Test for tightness and strength. 

D. Test for slip. 

E. Test for maximum working pressure and delivery. 
J.5. Guarantee and insurance. 

16. Payments. 

§ i8. Outline for Specifications for a Pumping Engine. 

1. Eo)tent of contract. 

2. Number and class of engines. 

3. Service. 

4. Duty. 

5. General design. 

6. Construction of pumping engine: 

A. General description. 

B. Frame work. 

C. Galleries. 

D. Steam cylinders. 

E. Lagging. 

F. Throttle valve. 

G. Steam separator. . 
H. Condenser. 

I. Governor. 
J. Water end: 

(a) Water way. 

(b) Valves and valve disc. 

(c) Plunger and plunger rod. 
E. Air and vacuum chambers. 

L. Air chamber fittings. 

M. Drip cocks. 

JSf. Air cock. 

0. Air inlet. 

P. Priming pipes. 

Q. Oil cups and lubricators. 

R. Indicator and connections: 

(a) Indicators. 

(&) Reducing motions. 

(c) Springs. 

(d) Scales. 



Specifications for Machinery and Apparatus 275 

(c) Planimeter. 
(/) Connection. 
»Sf. Foundation bolts. 

7. Furnishings: 

A. Oiler and tray. 

B. Tools. 

C. Revolution counter. 

D. Pressure gauges: 

(a) Standard. 
(&) Recording. 

E. Gauge board. 

8. General ivorkmanship and material: 

A. Flanges. 

B. Nuts. 

C. Piping. 

D. Painting and finishing. 
0. Foundation. 

10. Erection. 

11. Marks. 

12. Guarantee and insurance. 

13. Time of completion. 

14. Tests and acceptance: 

A. Inspection and time allowed for tests. 

B. Tests for smoothness of workings. 

C. Tests for maximum working pressure and delivery. 

D. Duty tests. 

15. Payments. 

§ 19. The Specifications. — After the preparation of the outhne 
previously described, the engineer should prepare with great care 
the specifications for the machine or appliance desired. All that 
has previously been discussed in regard to the writing of specifica- 
tions should be kept fully in mind, and everything should be done 
to assure that the specifications shall be full and complete, clear 
and explicit. If the outline has been prepared with care, the atten- 
tion of the engineer can be confined to the preparation of the spec- 
ification in careftilly worded and exact language which will assure 
a clear interpretation of his requirements by the elimination of all 
indefinite, indeterminate and ambiguous language, and if all arbi- 
trary, unfair and unnecessary requirements are eliminated, he will 
be reasonably assured of low and intelligent proposals. The fol- 
lowing statement of the requirement of general specifications and 
the examples given will still further illustrate the matter and ar- 
rangement suggested. 



276 Notes on Contracts and Specifications 

§ 20. General Specifications for Machinery. — When general 
specifications for machinery are to be issued they should inchide 
the following: (For examples under each heading see specifica- 
tions following for steam engines and boilers.) 

1. Extent of Work. — In this specification should be defined in 
general terms what is required under the contract, including : 

A. The furnishing of the machine, or number of machines re- 
quired ; 

B. The point of delivery ; 

C. The preparation of foundations, and by whom ; 

D. The erection, and by whom ; 

E. The various furnishings, tools, fittings and equipment re- 
quired with the machine. 

2. Capacity. — Under this head, the capacity of the machine 
should be specified. This specification should define the amount, 
quantity or rate of work which the machine will be required to do 
or accomplish in a specified time. 

3. Service. — Under this head should be included the specifica- 
tions regarding the pressure or intensity under or against which the 
machine is to operate. This would include, in steam driven ma- 
chinery, the steam pressure to be furnished to operate the machine, 
and in pumps, compressors or electrical generators, the pressure 
against which the machinery is to operate. 

4. Type of Machinery. — In many classes of machinery, special 
types of machines are capable of operating with a greater or less 
degree of economy, and wherever possible the selection of the type 
of machine should be made by the engineer preparing the specifica- 
tions, without necessarily entering into the details of construction. 
When the type is given, the variation in the bids received is largely 
limited, and the selection of machinery becomes more largely a 
question of price than where a large variety of types are consid- 
ered. 

5. Furnishings. — This specification should cover a description of 
the accessories, furnishings and fittings which are to be supplied 
with the machine in question ; it should include any auxiliary ma- 
chinery or apparatus and appliances which are desired and which 
are not normally a part of the machine. 

6. Design. — This specification should cover the details of the 
machine which are either definitely specified or which are to be left 



Specifications for Machinery and Apparatus 277 

to the manufacturer to select in accordance with his own practice. 
The elaboration of the specifications for type and design is the es- 
sential feature in which the detailed specification varies from the 
general specifications. 

In general, the design of any machine should be — 

"such that all working parts shall be readily accessible for inspection and 
repair, easily duplicated, and readily replaced, with each and every part of 
the machine properly designed and suitable for the uses and service required." 

7. Drawings and Plans. — This specification should describe the 
plans to be furnished by the bidder. These should usually include 
foundation plans, showing the general plan or outline of the ma- 
chine, including its general dimensions, with the location of all con- 
nections, and this specification should also require the furnishing of 
catalogues or photographs showing the machinery under considera- 
tion in satisfactory detail. 

A specification requiring the furnishing of detail working plans 
is not usually advisable. Most responsible manufacturers rightly 
refuse to part with such drawings which are largely the work of 
their extensive experience and are of too great value to be made 
public property. 

In special work, however, or when the manufacturer is present- 
ing a newly designed and untried machine, a requirement for the 
production of the detailed plans is often advisable, and may be nec- 
essary for safety. Such a requirement is useless, however, unless 
the engineer is sufficiently acquainted with machine design to be 
able to intelligently criticise the designs when so presented, and in 
other cases the reputation and experience of the manufacturer must 
be the main safeguard. 

8. General Guarantee and Insurance. — Under this head should be 
included a clause similar to the following : 

"The contractor guarantees the design, workmanship and material to be 
as described and specified herein, and also as described and specified in the 
detailed specification hereto annexed and hereby made a part hereof. 

"He further guarantees that all work and all material in said machinery 
shall be of the best quality and first-class in every particular. 

"He further agrees to replace any portion of said machinery shown de- 
ficient by the tests to be made on said machinery, or otherwise, or which 
shall within one year thereafter fail on account of being deficient in work- 
manship or material." 



278 Notes on Contracts and Specifications 

9. Detailed Specifications. — This specification should require the 
manufacturer to furnish detailed specifications covering all features 
of the machinery, including workmanship and material, with such 
guarantees in regard to regulation, operation or economy as are to 
be required from him or given by him. Such specifications should 
be required to include specifications in detail of all furnishings to 
be supplied by him. 

10. General Information. — Under this head the contractor should 
be required to describe with brevity the main dimensions of the im- 
portant parts of the machine to be furnished, including the total 
weight of machine, weight of such parts as may be essential for 
comparison, revolutions or speed, and the various essential facts on 
which a comparison of the class of machinery to be furnished can 
be most satisfactorily made, including also time of delivery or of 
completion. 

There should usually be included in the specifications, a list of 
the data required with blanks left to be filled out with same. By 
this means comparison and selection will be greatly facilitated. 

§ 21. Specifications for Furnishing a Boiler. 

I. Extent of Contract. — This contract shall include the furnish- 
ing of the following described boiler for , including all neces- 
sary accessories, as herein specified, and in accordance with the detailed 
plans and specifications submitted by the contractor and accepted by the 
party of the first part, which plant shall include the following items : 

A. The boiler complete. 

B. The erection of the same, including furnishing all material 
and labor for the foundation and setting of the boiler. 

C. All stop and safety valves and connections. 

D. Nickel plated eight-inch (8") dial gauge and gauge cocks and 
water column. 

E. The steam pipe to the engines, suitably covered and pro- 
tected. 

F. All necessary feed and blow-off pipes, valves and connec- 
tions. 

G. Fire, cleaning and other tools. 

H. Track scale and hot water meter. 
/. Shaking grate bars of acceptable pattern. 
/. Stack connections. 



Specifications for Machinery and Apparatus 279 

2. Number Required. — There shall be one (i) one hundred and 
fifty (150) horse power boiler. 

3. Rating. — The horse power of the said boiler shall be rated on 
an evaporation of thirty (30) pounds of water per horse power per 
hour under seventy (70) pounds of steam pressure, with feed water 
at a temperature of one hundred degrees (100°) Fahr., or the equiv- 
alent to such conditions. The boilers shall be designed to sustain a 
working pressure of one hundred and fifty (150) pounds. 

4. Type of Boiler. — The boiler shall be an internally fired return 
tubular boiler, water tube boiler, or return tubular boiler. 

5. Description and Drazdng. — Detailed description and draw- 
ings, tracings or prints shall be furnished, describing and showing 
in detail the dimensions of all and every part of the boiler and the 
appurtenances thereof. Said descriptions and drawings shall show 
the size and thickness of all plates and pipes, the character of ma- 
terial from which all portions of the boiler are to be made ; and said 
description and drawings shall indicate clearly, the construction 
and method of operation of all the details. These drawings shall 
comply strictly with the specifications, and the boiler when set and 
ready for use must conform strictly with the drawings as furnished 
by the contractor and accepted by the party of the first part. 

6. Furnace and Setting. — The furnace shall be first class in every 
particular and of suitable design. The furnace and all parts ex- 
posed to the direct flames shall be lined with the best quality of fire 
brick, set with two by eight inch face to the fire, and said brick shall 
be set in tempered fire clay. Boiler must be so designed and ar- 
ranged as to prevent all unnecessary radiation and, if necessary, the 
boiler shall be set in a suitable air-tight brick setting and all ex- 
posed parts shall be covered with magnesia sectional covering. 

7. Front. — Boiler front shall be of a neat and artistic design ap- 
proved by the engineer. All joints, seats and faces shall be fitted 
closely and neatly. 

8. Pipe Connections. — All pipe connections necessary for the 
operation of the boiler shall be made by the contractor and shall in- 
clude all pipe between the boiler and the feed pump and between- 
the boiler and engines. Said piping shall be so arranged that this 
boiler may be used independently or in connection with the boilers 
already in use, and in such manner that its use can be discontinued 
at any time and the other boilers used to operate any engine. Said 



280 Notes on Contracts and Specifications 

piping shall be placed on plans approved by the engineer. All steam 
pipes shall be properly and thoroughly covered with magnesia sec- 
tional covering containing at least 80 per cent pure oxide of mag- 
nesia. 

9. Furnishings. — There shall be furnished and installed with 
this boiler all necessary appurtenances for its care and management, 
including gauges, valves, etc., and all necessary fire and cleaning 
tools. There shall also be provided one track scale for weighing the 
coal used in the boilers. There shall also be installed on the feed 
water pipe, one hot water meter so arranged as to measure the 
amount of water fed to the boiler and also arranged so that it may 
be readily tested at any time. 

10. Inspection and Insurance. — The boiler shall be inspected and 
insured by the Hartford Steam Boiler Inspection and Insurance 
Company, or some other first-class insurance company satisfactory 
to the party of the first part, for a period of one year, and a receipted 
bill for paid insurance and a certificate of inspection shall be fur- 
nished the party of the first part by the contractor. 

11. Efficiency of Boiler. — The boiler shall give the efficiency guar- 
anteed by the contractor in his proposal. Said efficiency shall be 
based on the evaporation of water into dry steam per pound of com- 
bustible from and at 212 deg. Fahr. temperature, when burning an 
average quantity of coal of the quality commonly used for boiler 
purposes at .or, when preferred, when burning any qual- 
ity of such kind of coal as may be specified and furnished by the 
contractor. In either case a continuous test of any duration up to 
twenty-four (24) hours may be made, and while running the ma- 
chinery or otherwise, as the engineer may elect. Said test shall be 
made in conformity with the revised code of the American Society 
of Mechanical Engineers. 

12. Guarantee. — The contractor guarantees the design and work- 
manship to be as described and specified in these specifications and 
in the specifications furnished by him and accompanying his bid 
for the work in question. He further guarantees all work and ma- 
terial in said boilers to be of the best quality and first-class in every 
particular. He further agrees to replace any portion of said ma- 
chinery shown deficient in test or otherwise, or which shall within 
six (6) months thereafter give out on account of being defective in 
workmanship or material. 



Specifications for Machinery and Apparatus 281 

13. The contractor further agrees to have the plant complete 

and erected on foundations and ready for use by the day of 

, 19. .. Subject to the general form of the contract. 

14. Payments. — One-third of the contract price for said boiler 
shall be due and payable when the boiler is received in apparent 
good order at One-third additional shall be due and pay- 
able after the boiler has been successfully tested in accordance with 
those specifications. 

§ 22. Specifications for Furnishing a Steam Engine. 

1. Extent of Contract. — This contract includes the furnishing 

and erecting a steam engine and appurtenances for , for 

use in operating a triplex power pump, also the various appurte- 
nances and accessories described and specified herein, all to be in 
accordance with these general specifications and the detailed spec- 
ifications and plans submitted by the contractor and accepted by the 
party of the first part attached hereto, marked "Exhibit D" and 
which are hereby made a part hereof. 

2. Plant Required. — There shall be furnished one (i) steam en- 
gine of a capacity of ninety (90) actual horse power. 

3. Serviee. — The engine shall be capable of furnishing the actual 
horse power above specified and shall be so rated at ninety (90) lbs. 
steam pressure. The engine shall be designed to stand a working 
pressure of one hundred and ten (110) lbs. and shall be capable of 
operation at full speed without shock or jar. 

4. Steam Consumption. — This engine will operate for domestic 
service at about forty (40) actual horse power and must be designed 
for economical operation at this rate. It must also be capable of 
furnishing ninety (90) actual horse power for fire service. 

Economy for fire service is not so essential and will not in- 
fluence the selection of the engine to the extent that the selection 
will be influenced by economy for domestic service. The steam 
consumption when delivering forty (40) actual horse power must 
not exceed forty-five (45) pounds of dry steam for each actual horse 
power delivered, and a guarantee of greater economy will have addi- 
tional weight in the selection of the engine to be used. 

5. General Design. — The design of said engine shall be such that 
all working parts shall be readily accessible for inspection and re- 
pair, easily duplicated and each and every part suitable for the use 
and service required. 



282 Notes on Contracts and Specifications 

6. Description and Drazvings. — Detailed description, drawings, 
tracings or prints shall be furnished showing in detail the size of 
each and every part of the machinery and the appurtenance thereof, 
and the character of the material from which the same is to be 
made, and shall indicate clearly the construction of all details and 
the manner of working the same. These drawings shall comply 
strictlv with the specifications, and the machinery must conform 
strictly with those detailed plans as furnished by the contractor and 
accepted by the party of the first part. 

7. Regulation. — The regulation of speed shall be such that no 
variation in load from no load to full load shall vary the speed more 
than three (3) per cent with any boiler pressure between eighty (80) 
and one hundred and ten (no) lbs. 

8. Details. — A. Cylinder Lagging. — The cylinder shall be cov- 
ered with suitable non-conducting material to prevent radiation. This 
in turn shall be covered with suitable lagging which shall be prop- 
erly mounted and shall accurately conform to the cylinder and 
steam chest. 

B. Connection for Pozver Transmission. — The power shall be 
transmitted from the engine to the triplex pump which said engine 
is intended to operate, by means of a flexible coupling, which shall 
be under this contract and which shall be so arranged as to take 
care of any slight error in the relative alignment of the two ma- 
chines without undue loss by friction or the heating of journals. 
The flexible coupling shall be of a design approved by the engineer. 

9. Indicator Connections. — The engine shall be tapped for the 
indicator and shall be provided with a set of brass indicator pipes 
with half-inch angle valve near each tap and pipes to lead to a half- 
inch standard thread three-w^ay cock at about the center of the 
cylinder. 

10. Separator. — The engine shall be provided with a steam sep- 
arator of satisfactory design and of suflicient size to protect the en- 
gine from water in the steam. The drip of said separator shall be 
connected by one-half (i^) inch brass pipe with a steam trap of ap- 
proved make to be furnished by the party of the second part. 

11. Finishing. — All unfinished iron work on said engine shall 
be well and thoroughly painted three coats of paint of acceptable 
color. All lagging shall be neatly finished and all brass work and; 



Specifications for Machinery and Apparatus 283 

polished work shall be finished in a first-class and acceptable man- 
ner. 

12. Pipes. — A. Steam Pipes. — All steam pipes and openings 
shall be of ample size to prevent undue friction and loss of pressure. 
The steam piping within the engine room shall be furnished and 
placed by the contractor for the engine in a manner satisfactory to 
the engineer. All live steam pipe shall be covered by magnesia sec- 
tional covering in a satisfactory manner. 

B. Drain Pipes. — All drain pipes shall be of brass, properly and 
neatly fitted and so connected as to conduct the drip into the sewer. 

13. Foundations.— Tht contractor shall furnish necessary blue 
print or drawing showing the location of all foundation bolts and 
the form of foundation required for the engine which- foundation 
will be furnished by the party of the first part. 

14. Funiisliings. — A. Throttle Valve. — A gate throttle valve with 
flange connections and of approved design and manufacture shall 
be furnished with the engine and attached to the steam supply pipe 
to the engine. 

B. Oili]ig Dei'iees. — There shall be furnished with the engine a. 
one-pint sight feed lubricator with connections of approved pat- 
tern, also all necessary oil cups and arrangements for proper and 
thorough lubrication. 

C. Tools. — There shall also be furnished with the engine all nec- 
essary wrenches and tools needed for the proper operation, inspec- 
tion and ordinary repairs of said machinery. All tools to be of the 
best workmanship and material and satisfactory to the engineer. 

D. Foundation Bolts. — There shall also be furnished the neces- 
sary foundation bolts to be of approved number, size, and length. 

15. Erection. — The contractor shall erect the engine on the 
foundation provided, and shall connect the same w^ith all appur- 
tenances thereto, including all necessary steam fitting from the en- 
gine to the main steam pipe, and the equipment of said engine for 
active service. He shall also furnish a competent man to operate 
said engine during the test and to give instructions to the engineer 
of the party of the first part. 

16. Marks. — The engine shall be suitably marked wuth the mak- 
er's name and the principal dimension of the cylinder and length of 
stroke; the plates containing said data to be of neat and artistic de- 
si crn. 



284 Notes on Contracts and Specifications 

17. Tests. — The test for efficiency will be made for a period of 
ten (10) hours. In the performance of said duty the steam pressure 
will not exceed one hundred (100) lbs. nor be less than ninety (90) 
lbs. per square inch. No deductions of any kind wdiatever, other 
than herein specified, shall be allowed in the estimate for capacity 
or efficiency. The failure of the plant to perform its duty during 
such test will cause the rejection of the engines unless the contractor 
shall make such alterations in said machinery as shall be necessary 
in order that it shall accomplish the specified duty. The efficiency 
and economy shall be calculated on the number of pounds of feed 
water used and on the basis of dry steam. The exhaust of the 
plant will be delivered into a feed water heater through which the 
feed water will be forced. The feed water will be taken from the 
reservoir. The tests shall be made by and under the direction of 
the consulting engineer. 

18. Guarantee. — The contractor guarantees the design and work- 
manship to be as described and specified in these specifications, and 
in the specification furnished by him and accepted by the party of 
the first part for the work in question. He further guarantees all 
work and material in said machinery to be of the very best quality 
and first-class in every particular. He further agrees to replace any 
portion of said machinery shown deficient in the test or otherwise, 
or which shall within one (i) year thereafter give out on account 
of being defective in workmanship or material. 

19. Time. — The contractor further agrees to have the plant com- 
plete and erected on foundations by the day of , 

19. ., subject to the general conditions in regard to time and com- 
pletion set forth in the general form of contract. 

20. Payments. — No payments shall be made until the plant is 
erected, tested and accepted, and if the engine shall not prove in the 
specified test equal in all particulars to the guarantee, then and in 
that case, the party of the first part shall have the right to use such 
plant for a period of time sufficient to allow them to purchase and 
erect another plant of satisfactory design, and the use of such re- 
jected plant under the conditions above named shall be without ex- 
pense to said party of the first part otherwise than the cost of oper- 
ating the same. 

The agreed price will be paid by the party of the first part when 
the plant is tested and accepted. 



CHAPTER XVII 

SPECIFICATIONS FOR ENGINEERING AND ARCHITEC- 
TURAL WORKS 

§ I. Subdivisions. — The subject matter of which the specifica- 
tions for architectural work and for engineering structures and 
plants are to treat should include : 

A. The materials, supplies and machinery to be furnished. 

B. The Avork to be done. 

C. The methods to be employed in furnishing material or in 
performing the work. 

D. The results to be accomplished. 

In general, the logical arrangement of specifications will call 
(i) for the description of the work as a whole, and (2) for the de- 
scription of the same in detail and in the logical order of its con- 
struction, so far as this can be done, and still complete the detail 
specification of each part when the description is once begun. In 
general, the logical arrangement will be. 

A. General description. 

B. Foundation or principal features, (a) Accessories or spec- 
cific details. 

C. Substructure or secondary features. (0) Accessories or spec- 
ific details. 

- D. Superstructure or general details, (a) Acessories or specific 
details. 

E. Ornamentation and finishing as a whole and in detail. 
The main subdivisions of any work should also be described in 

general and in detail. The general description should, in all cases, 
be sufiicient to afford a general knowledge of the work or portion 
of the work under discussion. The detail specifications should be 
confined to individual features and, in their description, should be 
exhaustive. 

In general, such specifications are made up of specifications for 
fundamental materials, processes, and for machinery, and all that 



286 Notes on Contracts and Specifications 

has been previously stated in regard to those subjects applies to the 
complete structures, plants or works of which they constitute the 
elements. 

Such specifications may include both general and detailed spec- 
ifications, and in all cases require a considerable special technical 
experience and knowledge in their preparation. 

§ 2. Outline. — Preceding the preparation of specifications for 
complete structures an outline should be prepared including all 
items which should be covered in the required specification. As 
these structures are even more complicated and contain a greater 
amount of detail than the subjects heretofore discussed, such an out- 
line becomes even more important in order that the specifications 
when prepared shall include all necessary requirements. The fol- 
lowing outlines will give the idea of such outlines as developed by 
the author in his professional practice. 

§ 3. Assignments for Preparing Outlines and Specifications for 
Engineering and Architectural Work. — For the purpose of giving 
more point and interest to the work of preparing specifications for 
engineering or architectural works, it is desirable that assignments 
be based on actual plans for such works which plans should be in 
sufficient detail so that the requirements can be clearly distin- 
guished. For student practice the plans selected should be for sim- 
ple structures as being more nearly within the capacity of the student. 
Even such simple structures will be difficult for the beginner, and 
the complicated subjects often assigned are so entirely beyond their 
comprehension and ability that they simply result in the unintelli- 
gent copying of other specifications and little consequent benefit to 
the student. 

For purposes of assignment, a number of drawings of simple 
structures are given in the Appendix. A few of these drawings are 
more elaborate and involve a number of parts into which they may 
be subdivided. In this way, the preparation of a more elaborate 
specification can be undertaken by several students, and the idea 
can be made manifest that all elaborate specifications consist simply of a 
number of more or less simple parts or features joined together in 
a consistent and complete whole. 

Besides the drawings of simple works given in the Appendix, 
there are occasional plans of simple structures published in the tech- 



Specifications for Engineering Works 287 

Tiical press in form sufficiently complete to afford a fairly satisfac- 
tory basis for the writing of specifications. 

The following list contains a few references to such drawings. 

§ 4. Plans from which Specifications may be Prepared. 

A Superstructure for a Turn Table Eng. Rec, Vol. 

Bulkhead to Protect Points on New Jersey Sea Shore 

Leads for Drilling Outfit 

Standard Gate House for 36" Valve on Steel Pipe 

Line 

Railroad Car Bumper 

Fifteen Ton Guyed Derrick 

Small Reinforced Arch Bridge " " 

River Wall at Davenport, Iowa " " 

Reinforced Concrete Garage " " " 

Drainage Pumping Station " " " 

Washington Park Sewage Pumping Station " " " 

Automatic Reversing Hoist " " " 

Concrete Pier, Cleveland, Ohio " " 

Monolithic Concrete Sewer and Trestle Eng. News " 

Overhanging Pile Driver " " " 

Timber Bulkhead to Retain Fill 

Pump House for Group of Wells 

Snow Shed 

Plate Girder Railroad Bridge 

Hollow Concrete Dam " " " 

Concrete Lamp Post " " " 

Stone Fill Timber Crib Bulkhead 

§ 5. Outline of Specifications for the Construction of a Building. 
L Extent of contract: 

General description of work and material to be furnished under 
the contract. 
II. Estimate of quantities: 

Approximate or exact quantities and kinds of work and material. 
III. Plans and Dr arcings. 
IV. Engineering work-lines, grades, etc. 
V. Special work. 
VI. Materials: 

A. Furnished by the owner delivered where. 

B. If furnished by the contractor: 

1. (a) Cement. 
(ft) Sand. 

(c) Gravel. 

(d) Water. 

2. Steel, reinforcing. 





Page 


71 


290 


71 


547 


71 


725 


72 


407 


72 


474 


72 


532 


72 


599 


69 


396 


70 


88 


70 


137 


74 


292 


74 


301 


74 


258 


73, 


309 


73 


399 


73 


942 


71 


29 


71 


1228 


74 


, 1106 


74 


1032 


74 


989 


74 


740 



288 Notes on Contracts and Specifications 

3. Steel, structural. 

4. Brick: 

(a) Common. 
(6) Face exterior. 

(c) Face interior. 

(d) Glazed or decoration. 

5. Rubble stone. 

6. Cut stone: 

Dressed. 
Polished. 

7. Tile: 

(a) Wall. 
(&) Roof. 

(c) Floor. 

(d) Coping. 

(e) Decorative. 

8. Lumber: 

(a) Rough. 
(T)) Dimension, 
(c) Finishing. 

9. Piling: 

(a) Bearing. 
(^) Sheet. 

10. Plaster. 

11. Doors: 

Exterior. 
Interior. 

12. Windows. 

13. Roofing. 

14. Flashing and sheet metal work. 

15. Lighting: 

(a) Conduits. 
(h) Switches, 
(c) Outlets. 

16. Piping: 

(a) Gas. 
(6) Water, 
(c) Steam. 
17. Power and heating plant. 
"VII. General furnishings: 

A. Scaffolds, ladders, hoists and other equipment incidental to the 

proper execution of the work. 

B. Rough hardware: 

Nails, spikes, bolts, straps, etc., incidental to the construc- 
tion. 

C. Blocking. 



Specifications for Engineering Works 289 

D. Bond timbers. 

E. Wood centers, templets, forms, etc. 

F. Temporary covers for door, window and other openings. 

G. Workmanship. 
H. Inspection. 

I. Cleaning premises after completion of work. 
Villi Foundations: 

A. Preparation of site: 

1. Removing existing structures, etc. 

2. Grading. 

B. Excavation: 

1. Earth. 

2. Rock. 

3. Other excavation. 

4. Blasting. 

5. Disposal of excess material. 

6. Ownership of excess material. 
G. Piling. 

D. Sheet piling, shoring, bracing, etc. 

E. Caissons. 

F. Grillage. 

G. Footings. 
H. Concrete. 
I. Grouting. 

J. Mason work. 

E. Protection of existing property: 

1. Responsibility for injury to. 
L. Backfilling: 

1. Tamping. 

2. Puddling. 
IX. Floors and ceilings: 

A. Concrete: 

1. Plain. 

2. Reinforced. 

B. Tile. 

C. Structural steel work. 

D. Lumber — carpenter work. 

E. Openings. 

F. Columns: 

1. Covering. 

G. Girders: 

]. Covering. 
H. Finishing: 

1. Concrete surface. 

2. Finishing and painting. 

3. Granitoid. 



290 Notes on Contracts and Specifications 

4. Tile. 

5. Polished stone. 

6. Wood and finish. 

7. Other surfaces. 

I. Plastering under side or other finish. 
J. Suspended ceilings— plastering, etc. 
X. Walls: 

A. Outside walls: 

1. Concrete. 

2. Brickwork: 

a Common brick. 

a Selected brick, bearing brick, etc. 

1 
a Bonding. 

2 

a Jointing, 
a Mortar. 
b Face brick, 
b Bonding: 

Straight wall. 

Around openings. 

Trimmings and belt courses, 
b Jointing. 

2 

b Mortar. 

3. Stucco— outside plastering. 

4. Structural steel. 

5. Terra cotta and cut stone. 

6. Lumber. 

7. Openings: 

(o) Window. 
(6) Door. 
(c) Special. 

8. Cutting and patching. 

9. Cleaning and painting. 

lOi. Lathing, furring and plastering. 
B. Partition and interior walls: 

1. Tile. 

2. Metal lath and plaster. 

3. Concrete. 

4. Wood lath and plaster. 

5. Brick. 

6. Face brick— Interior decoration brick. 

7. Stone. 

8. Composition. 
XI. Windows: 

A. Sash. 

B. Frame. 
O. Trim. 



Specifications for Engineering Works 291 



D. Glazing. 

E. Operating services. 

F. Hardware: 

1. Locks. 

2. Hinges. 

3. Weights and rollers, 

G. Sills. 
H. Lintels. 

XI L Doors: 

A. Door. 

B. Frame. 

C. Trim. 

D. Glazing. 

E. Hardware: 

1. Locks. 

2. Hinges. 

3. Rollers. 

4. Track. 

5. Checks. 

F. Threshold. 
XHL Roof: 

A. Concrete. 

B. Tile. 

C. Composition. 

D. Shingle. 

E. Tin or iron. 

F. Structural steel. 

G. Timber. 
H. Skylights. 
I. Ventilators. 
J. Air shafts. 
K. Drains: 

1. Gutters. 

2. Downspouts. 
L. Flashing: 

1. Openings. 

2. Chimney. 

3. Ventilator. 

4. Pipe outlets, etc. 
XIV. Stairways: 

A. Iron or steel. 

B. Concrete. 

C. Stone. 

D. Wood. 
XV. Railings: 

A. Iron. 

B. Wood. 



292 Notes on Contracts and Specifications 

XVI. Platforms: 

A. Iron. 

B. Concrete. 

C. Wood. 

XVII. Finishing: 

A. Carpenter work. 

B. Plastering. 

C. Outside painting: 

1. Mixing paints. 

2. Stopping, filling and puttying. 

3. Staining. 

D. Interior finishing; 

1. Painting: 

(a) Mixing paints. 

(b) Filling, stopping, puttying. 

(c) Staining. 

(d) Varnishing. 

(e) Decorating. 

XVIII. Plumhitig: 

A. Cast iron pipe and fittings. 

B. Wrought iron pipe. 

C. Vitrified pipe. 

D. Other pipe: 

1. Lead. 

2. Brass. 

3. Plated. 

E. Pipe joints. 

F. Fittings and valves. 

G. Fixtures, traps, etc. 
H. Ventilation risers. 
I. Supply pipe. 

XIX. Lighting: 

A. Wiring and conduits. 

B. Piping, valves and connections. 

C. Switches and outlets. 
XX. Heating: 

A. Furnace. 

B. Boilers. 

C. Piping: 

1. Steam or hot water. 

2. Sheet metal. 

3. Pipe covering. 

4. Valves. 

D. Radiators. 

E. Registers. 



Specifications for Engineering Works 293 

§ 6. Outline of Specification for small Power Station. 

1. Extent of contract. 

2. Location. 

3. Description. 

4. Excavation. 

5. Masonry work: 

A. Foundation walls. 

B. Brick walls. 

C. Cut stone. 



D. 


Mortar. 




E. 


Cement: 






(a) 


Kind. 




(ft) 


Delivery. 




(c) 


Testing. 




(d) 


Qualities — we 


F. 


Sand. 




G. 


Crushed stone. 


H. 


Concrete. 




I. 


Placing concrete. 


J. 


Stack. 




K. 


Machinery foundations. 


L. 


Plastering. 




6. Roof: 






A. 


General. 




B. 


Boiler room 


I. 


G. 


Engine room. 


D. 


Laying tile. 




E. 


Tile. 




F. 


Gutter and down spouts. 


7. General work. 




8. Carpenter work. 




A. 


Floor of the engine room. 




(a.) 


Joists. 




(&) 


Floor. 




(c) 


Stairway. 


B. 


Ceiling of ( 


3ngine room. 




(a) 


Ceiling joists. 




(b) 


Ceiling. 


C. 


Roof. 






(a) 


Trusses. 




(&) 


Rafters. 




(c) 


Roofing. 




id) 


Gutters. 


D. 


Inside work. 




(a) 


Doors. 




(h) 


Windows. 




(c) 


Trimmings. 



weight, time of setting, fineness, strength. 



294 Notes on Contracts and Specifications 

id) Wainscotting. 
(e) Finishing. 
(/) Lumber. 
(g) Bridging. 
9. Painting. 

A. Paint. 
iO. Cleaning building. 
11. Payments. 

§ 7. Outline Specifications for Bridge Substructure. 

1. Description of work, or extent of contract. 

2. Plans and drawings. 

3. Grading, embankments and roadways. 

4. Foundations. 

A. Excavation — Depth and size. 

B. Sheet piling, coffer dam or caisson. 

C. Pumping and draining. 

D. Masonry footings. 

Concrete. 

E. Piles. 

(a) Size. 
(&) Driving. 
(c) Sawing. 

F. Grillage. 

(o) Material. 
(&) Drift Pins. 

G. Riprap. 

5. Materials. 

A. Stone or gravel. 

B. Cement. 

C. Sand. 

D. Mortar. 

E. Concrete. 

6. Masonry. 

A. Class. 

B. Footing stone. 

C. Stretchers. 

D. Headers. 

E. Backing. 

F. Bonding. 

G. Laying. 

(a) Joints, 
(ft) Bedding, 
(c) In freezing weather. 
H. Cutting. 

(a) Face. 

(ft) Joints. 

(c) Draft, batter line and corners. 



Specifications for Engineering Works 295 

I. Coping. 
J. Pedestals. 
E. Cut water. 
L. Bridge seats. 
M. Pointing. 
7. Construction plant. 

§ 8. Outline of Specification for Iron Bridges or Structural 
Work. 

(Only general plans furnished) 

1. General description. 

General data. 
Classification. 
Description. '. 

Material. 

Head room. 

Roadway. 

Foot walks. 

Hand rails. 
Stress in timbers. 
Steel beams. 

Floor girder. 

Stringers. 

Bracket plates. 

Bracing. 

Length of span. 

2. Load — dead and live and wind. 

3. Proportion of plate. 

4. Details of construction and workmanship. 

5. Qualities of material. 

6. Inspection. 

7. Painting. . i 

8. Erection. i 

9. Acceptance. i 

§ g. Outline of Specification for Bridge or Roof Truss. 

(Detailed plan furnished.) 

1. Description of work. i 

2. Plans. ' 

3. Quality of material. 

Class. 

Wrought iron. 

Steel. 

Cast iron. 

Phosphor bronze. 
Purpose. 

Rivets. 



296 Notes on Contracts and Specifications 

Pins. 

Punching. 
Plates. 
Shapes. 
Eye bars. 

4. Workmanship. 

5. Details of construction. 

Eye bars. 

Tension members. 

Pin holes. 

Ties and counters. 

Turnbuckles. 

Pins. 

Web plates. 

Rivets. 

Splice plates. 

Flooring and wheel guard. 

6. Inspection and tests. 

7. Painting. 

8. Erection. 

9. Acceptance. 

§ 10. Outline for Specifications for Stand Tower and Appur- 
tenances. 

1. Extent of contract. 

2. Location. 

3. General description. 

4. Laying out work. 

5. Foundation. 

A. Excavation and filling. 

6. Foundation masonry and masonry superstructure. 

(a) Concrete, making and placing. 

(h) Stone or gravel. 

(c) Cement. 

id) Sand. 

(e) Mortar. 

(/) Quality of stone. 

(g) Rubble stone. 

(h) Cut stone. 

(i) Valve chambers, pipe tunnels, etc. 

7. Trestle. 

A. Posts. 

B. Shoe plate and anchorage. 
G. Cap and top connection. 

8. Balcony. 



Specifications for Engineering Works 297 



Tank. 




A. 


Dimensions. 


B. 


Material. 




(a) Inspection. 




(&) Size of sheet. 


C. 


Shop work. 




(a) Rivet holes. 




(&) Corners of sheets. 




(c) Calking edge. 




id) Bending and fitting plates, 




(e) Joints. 




(/) Bottom. 




{g) Connection. 




{h) Manhole. 


D. 


Thickness of sheets, size and spacing 




(a) Details. 




(b) Rivets. 




(c) Riveting. 




{d) Calking. 



10, Appurtenances: 

A. Rising pipe. 

B. Expansion joint. 

C. Frost pipe. 

D. Base. 

E. Automatic valve. 

F. Overflow pipe. 

G. Ladder or stairway. 
H. Cornice. 

/. Roof. 

J. Trap door. 

K. Finishing: 

(a) Cleaning. 

(&) Riveted and inaccessible work. 

(c) Shop coat. 

(d) Final work. 

(e) Paint. 

(f) Inspection. 
{g) Application. 

L. Testing. 
11. Payments. 

§ II. Outline of Specifications for laying Cast Iron Water Pipe, 
Including Setting of Special Castings, Hydrants, Valves, etc. 

1. Description of work and material to be furnished under the contract. 

2. Approximate quantities and kinds of work to be done under the contract. 

3. Plans, profiles and drawings. 

4. Engineering work, lines, grades, etc. 



298 Notes on Contracts and Specifications 

5. Special work. 

6. Materials: Furnished by whom: 

A. Where delivered to contractor. 

B. Distribution. 

C. Delays in receipt of. 

D. Breakage and inspection. 

E. Report of number, size and breakage. 

F. Responsibility. 

7. Excavation and trenching: 

A. Line. 

B. Size of trench: 

(a) Depth. 
(h) Width. 

C. Grade. 

D. Disposal of material. 

E. Removing improved street surfaces. 

F. Material: 

(n) Earth. 
(6) Rock. 

G. Extra excavation and foundation. 
H. Bell holes. 

I. Bracing and shoring. 

J. Protection of buildings. 

K. Draining, bailing and pumping. 

L. Obstructions. 

M. Limits of amount of work opened. 

N. Bridging trench for street and side walk travel. 

8. Back filling: 

A. Tamping, puddling, etc. 

B. Replacing improved street surfaces. 

C. Removing shoring, etc. 

D. Repairing injuries to pipes, drains, etc. 

E. Removal of surplus material, rubbish, etc. 

F. Replacing improper material (in rock excavation). 

9. Pipe laying: 

A. Order of laying, storage of pipe, etc. 

B. Foundation. 

C. Lowering pipe into trench. 

D. Cleaning and protecting pipe. 

E. Length of pieces admitted. 

F. Cutting pipe. 

G. Adjusting spigots uniformly. 
H. Wet bell holes. 

I. Making joints: 

(a) Thickness of joint. 

(b) Depth of lead in joints. 



Specifications for Engineering Works 299 

(c) Gasket, 
(rf) Lead. 
(e) Running joint. 
(/) 'Calking joint. 
J. Straps, and bracing of ends, and bends. 

10. Setting specials and appurtenances: 

A. Specials. 

B. Hydrants: 

(a) Hydrant walls. 

(ft) Drainage. 

(c) Setting and bracing. 

C. Valves. 

D. Plugs. 

E. Drinking fountains. 

F. Disconnecting and reconnecting old services. 

11. Manholes, hydrant wells, valve boxes, etc. 

12. Connection of new work to old. 

13. Omissions. 

14. Defective work and material. 

15. Maintenance, guarantee and insurance. 

16. Tests. 

17. Measurements. 

18. Removal of old pipe, etc. 

19. Payments. 

§ 12. Outline Specifications for Construction of Sewers. 

1. Extent of contract. Description of work and material to be furnished" 

under the contract. 

2. Approximate or exact quantities and kinds of work. (Quantities givem 

as basis for comparison.) 

3. Plans, profiles and drawings. 

4. Engineering work, lines, grades, etc. 
o. Special work. 

6. Materials — furnished by whom: • 

A. If furnished by city: 

(a) Where delivered to contractor. 

(&) Distribution. 

(c) Delays in receipt of. 

id) Breakage and inspection. 

(c) Report of number, size and breakage. 

(/) Responsibility. 

B. If furnished by contractor: 

(a) Pipe and specials. 

(b) Tile. 

(c) Brick. 
id) Stone. 



300 Notes on Contracts and Specifications 

(e) Cement, mortar and concrete. 
(/) Iron castings. 
(g) Lumber, 
(h) Piling. 

7. Excavation and trenching: 

Line. 

Preservation of line and grade marks. 

Depth. 

Width. 

Grade. 

Character of material. 

Disposal of material. 

Removing improved street surfaces. 

Earth. 

Rock. 

Protection during blasting. 

Tunneling. 

Extra excavation. 

Bell holes. 

Bracing and shoring. 

Sheet piling. 

Foundations, piling, etc. 

Protection of buildings. , 

Draining, bailing and pumping. 

Obstructions. 

Care, protection and repairs of 

Gas pipe. 

Water pipe. 

Drains. 

Cisterns. 

Reservoirs. 

Streets and gutters. 

Sidewalks. 

Railroads. 

Cross walks. 

Fences. 

Under drains. 
Limits of amount of work opened. 
Bridging trench for street and sidewalk travel. 
Barriers and lights. 

8. Back filling. 

Puddling. 

Tamping, flushing, etc. 

Replacing improved street surfaces. 

Removing shoring, etc. 

Repairing injuries to pipes, drains, etc. 



Specifications for Engineering Works 301 

Cleaning and flushing sewers. 
Use of city water supply. 
9. Removal of surplus material, rubbish, etc. 
Replacing improper material. 
Frozen material. 

10. Embankment. 

11. Pipe sewers. 

Foundation. 

Joints. 

Protecting and keeping sewers clean. 

Removal and rebuilding defective work. 

12. Brick sewers. 

Brick laying. 

Foundation. 

Forms. 

13. Brick masonry. 

14. Stone masonry. 

15. Appurtenances. 

A. Flush tanks: 

(a) Syphon and fixtures. 

(6) Connecting with water pipe. 

B. Manholes: 

(a) Ladders and steps. 

(b) Foundation. 

C. Catch basins. 

D. Outlets. 

E. Branch sewers and connections. 

F. Tile drains. 

G. Iron pipe. 

H. Special construction with specifications for material and work. 

16. Inspection: 

A. Defective material. 

B. Removal and rebuilding. 

17. Extra work. 

18. Omissions. 

Condemned, inferior or defective work. 

19. Maintenance and guarantee. 

20. Tests and requirements. 

Measurements of quantities. 

21. Acceptance. 



APPENDIX A 
Drazmn^s 



"ii' 



The following drawings are furnished as a basis for the writing 
of specifications in order that the student may have a definite and dis- 
tinct conception of the subject on which he is required to write. The 
student should be assigned one or more of these subjects and be re- 
quired to write complete specifications of all or of such part of the same 
as mav seem desirable. 



Appendix 



303 






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Appendix 321 

PUMPING STATION 

The following Figures 19 to 24 inclusive are drawings for a water 
works pumping- station. Specifications may be drawn for work and 
material for either the plant as a whole, or for the various parts ac- 
cording to the following schedule : 
Building. 

Excavation. 

Foundations. 

Concrete floors and walls. 

Wooden floors. 

Brick walls. 

Cut stone. 

Roof trusses. 

Roof. 

Machine foundations. 

Stairways. 

Railings. 

Doors. 

Windows. 

Wainscoting. 

Trim. 

Gutters and downspouts. 
Chimney. 
Machinery. 

Steam piping. 

Water piping. 

Sewer piping. 
Breeching and smoke connection. 
Boiler — 125 H. P. return tubular. 
Heater. 

Engine — 50 H. P. simple Corliss. 
Triplex power pump, 500 gallons per minute, 200 ft. head. 



322 



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Fig. 24. — Water Works Pumping Station, Chimney. 



328 Appendix 

WATER POWER PLANT 

The following Figures 25 to 28 inclusive show four views of a 
vertical turbine setting with plate steel bulkhead, timber penatock 
gates, trash racks, etc. Specifications may be drawn for either the com- 
plete structure or its various parts as given in the following schedule : 

Rock and earth excavation. 

Concrete. 

Plate steel bulkhead and other wrought iron work. 

Trash racks and supports. 

Cast iron. 

Timber gates and other timber work. 

Harness or power transmission machinery. 

Gate lifting devices. 



Appendix 



329 



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C/. Morf/3ec/ 



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Fig. 25.— Vertical Turbine Setting— Sectional Elevation Through Wheel-pit 

and Bulkhead. 



330 



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Appendix 



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Material for Setting Concrete Bases and Anchors, Work and Material for 
Construction and Erection of Steel Pole. 



Appendix 



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nishing and Erecting. 



Appendix 



341 



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Furnishing and Erecting. 



BIBLIOGRAPHY OF SPECIFICATIONS 



In compiling this bibliography the following references were con- 
sulted : 

Abbreviation 

Engineering News Eng. News 

Engineering Record Eng. Rec. 

Engineering Contracting Eng. Cont, 

Transactions American Society of Civil Engineers A. S. C. E. 

Transactions American Society of Mechanical Engineers A. S. M. E. 

Transactions American Institute of Electrical Engineers A. I. E, E. 

General Sessions National Electric Light Association N. E. L. A. 

Proceedings American Society for Testing Materials. .Am. Soc. Test. Mat. 
Proceedings American Water Works Association .... Am. W. Wks. Ass'n 
Proceedings American Railway Engineering and Maintenance of Way 

Association A. R. E. & M. W. Ass'n 

Proceedings New England Water Works Association. . N. E. W. Wks. Ass'n 
A Manual of Engineering Specifications and Contracts, by Lewis M. 

Haupt (1883). Published by J. M. Stoddard & Co., Philadelphia 

". Haupt 

Engineering Contracts and Specifications, by J. B. Johnson, Engineering 

News Pub. Co. New York Johnson 

Standard Specifications, by John C. Ostrup. Published by McGraw-Hill 

Book Co., New York Ostrup 

References to several other publications are given, among whicli 

may be noted : 

Transactions of the Society of Automobile Engineers 

Proceedings Master Car Builders' Association 

Professional Papers, Corps of Engineers, United States Army 

Proceedings of National Association of Cement Users 

Proceedings of American Railway Bridge and Building Association 

Reference to The Engineering News and Engineering Record are 
usually given as follows: 1918-11-672 — the first number referring 
to the year, the second indicating the volume of that year and the 
last giving the page on whicli the matter is found. It should be 
noted that references in periodicals given as taken from the proceed- 
ings of the American Society for Testing ^Faterials or given in any 
volume of the publications of that society may be found in their latest 
form in the latest Year Book of the Society. 



Bibliography of Specifications 343 

Acetylene Generators — 

Specifications for acetylene generators at Fort McPherson, Ga. Eng. 
News, 1904-1-102. 
Aeroplane — see "Plying Machine." 

Air Brake Hose- 
Discussion at Master Car Builders' Ass'n. Eng. News, 1901-II-7; 
1904-1-586; 1904-II-9. 

Air Compressor — 

Air compressor for air lift plant at Spring Lake, N. J. Eng. News, 
1905-1-223. 

Alloys — 

Specifications for Aluminum Alloys, by Henry Souther, Chm. Standards 
Comm. for Soc. of Automobile Engineers, 1910. Reference: Trans, 
of the Soc. of Automobile Engineers, Vol. 5, pp. 168-175. Note: 
For notes and instructions referring to above, see same volume, 
pp. 176-202. 

Copper and its alloys. Abstract of Pennsylvania R. R. specifications 
for materials. (In practical use for several years. Reprint rec. by 
Soc. of Automobile Engineers' Standard Committee, 1911.) Refer- 
ence: Trans, of the Soc. of Automobile Engineers, Vol. 6, pp. 400- 
445. 

Specifications for Phosphor-Bronze Bearing Metal, by Henry Souther, 
Chm. Standards Comm. for Soc. of Automobile Engineers, 1910. 
Reference: Trans, of the Soc. of Automobile Engineers, Vol. 5, 
pp. 168-175. Note: For notes and instructions referring to above, 
see same volume, pp. 17 6-202. 

Yellow Brass, by Henry Souther, Chm. Standards Comm. for Soc. of 
Automobile Engineers, 1910. Reference: Trans, of the Soc. of Au- 
tomobile Engineers, Vol. 5, pp. 168-175. Note: For notes and in- 
structions referring to above, see same volume, pp. 176-202. 

Valve Bronze, by Henry Souther, Chm. Standards Comm. for Soc. of 
Automobile Engineers, 1910. Reference: Trans, of the Soc. of Au- 
tomobile Engineers, Vol. 5, pp. 168-175. Note: For notes and in- 
structions referring to above, see same volume, pp. 176-202. 

Babbit Metal, by Henry Souther, Chm. Standards Comm. for Soc. of 
Automobile Engineers, 1910. Reference: Trans, of the Soc. of Au- 
tomobile Engineers, Vol. 5, pp. 168-17 5. Note: For notes and in- 
structions referring to above, see same volume, pp. 176-202. 

Standard specifications for manganese bronze ingots (adopted 1911). 
Proc. Am. Soc. Test. Mat., 1911, Vol. 11, p. 150. 
Aluminum — 

Wire for Electric Transmission Lines, by F. A. C. Perrine and F. G. 
Baum. Eng. News, 1900-11-215. 

Castings, wire and cable. Am. Soc. Test. Mat. Year Book, 1910. 
Asphalt — see "Bitumen." 



344 Bibliography of Specifications 

Axles — see "Iron and Steel." 

Ballast, Railway — 

Specifications. Report A. R. E. & M. W. Ass'n. Eng. News, 1903-1- 
285. 

Standards in United States, Canada and Mexico. Eng. News, 1900-11- 
142. 

Roadbed ballast. Report of committee, materials and form of cross- 
section. Proc. A. R. E. & M. W. Ass'n, 1902, Vol. 3, p. 128. 

Ballasting. Report of committee specifications for materials and 
cross-section for stone, gravel, cinders, burnt clay, shells. Proc. 
A. R. E. & M. W. Ass'n, 1905, Vol. 6, p. 734; 1906, Vol. 7, p. 83. 

Revised — for ballast specifications. Proc. A. R. E. & M. W. Ass'n, 
1910, Vol. 11, p. 907. 

Balloon — 

U. S. Signal Corps. Specifications for a dirigible balloon. Trans. 
A. S. M. E., 1908, Vol. 30, p. 689. 

Barges^ — 

Specifications for steel barges for Mississippi River improvement 
work. Eng. Cont., Apr. 24, 1912, p. 457. 

Bearings — see "Iron and Steel;" "Alloys." 

Belts — 

Leather driving belts. Water power electric plant at Austin, Texas. 
Johnson, p. 24 5. 

Bitumen — 

Confusion of Terms "Asphalt" and "Pitch" in Specifications, by C. G. 

Atwater. Eng. News, 1908-1-639. 
Asphaltic pavements and sheet asphalt at Vancouver, B. C. Eng. 

News, 1912-11-770. 
Methods of analysis for tars and suggested specifications for their use. 

U. S. Office of Public Roads. Eng. Cont., Oct. 14, 1908, p. 240. 
Specifications for bituminous road binders. Paper before First Con- 
gress of Road Builders, by A. B. Fletcher. Eng. Cont., Sept. 1, 

1909, p. 185. 
Specifications of New York State Highway Department for Bituminous 

Macadam and Bituminous Materials. Eng. Cont., Dec. 8, 1909, 

p. 490. 
Asphalt specifications of Pennsylvania Highway Department. Eng. 

Cont., Aug. 19, 1914, p. 193. 
See also "Pavements," "Oils." 

Bituminous Concrete Plant — 

English Specifications for Bituminous Concrete Mixing Plant and De- 
scription of Acceptance Test, by W. H. Grieves. Eng. Cent., Sept. 30, 
1914, p. 325. 



I 



Bibliography of Specifications 345 

Boilers — 

United States government naval specifications. Eng. News, 1899-1- 
15, 183. 

Specifications for water tube boilers for St. Louis, Mo. Eng. News, 
1894-1-151; 1896-11-280, 315, 330. 

Standard specifications. Report to the American Boiler Manufactur- 
ers' Association. Eng. News, 1898-11-251. 

Uniformity in specifications for marine boilers. Report to the Am. 
Boiler Manufacturers' Association. Eng. News, 1904-11-373. 

Specifications for horizontal tubular and boiler equipment. Dummy 
form. Useful in making up specifications for tubular boilers to- 
gether with settings. Power, Dec, 1905, pp. 728, 729. 

Specifications for boilers. Fairly complete, carefully drawn up in 
blank form, convenient for general use. The Engineer, July 15, 
1902, pp. 514, 515. 

Uniform specifications for boilers. Recommendations of the Amer. 
Boiler Makers' Ass'n Comm. Contains some of the important fea- 
tures of report. Very practical. Modern machinery, 1900-1901, 
pp. 233-236. 

Specifications for boilers. Standard requirements of the Amer. Boiler 
Manufacturers' Ass'n. Of practical interest and value. Includes 
items of greatest value to those who are engaged in operating 
plants, but has nothing to do with manufacturing of boilers. Steam 
Engineering, June, 1900, pp. 317, 318. 

Boilers. New Orleans, La. Johnson, p. 409. 

Water tubular boilers and settings. St. Louis, Mo. Johnson, p. 296. 

See also "Steam Plant." 

Brick — 

Specifications for brick. Report to the Am. Soc. Test. Mat. Eng. 

News, 1909-11-56. 
Specifications for Common and Vitrified Brick and Laying Same in 

St. Louis, Mo., by W. W. Horner. Eng. Cont., Sept. 13, 1911, p. 286. 
Proposed standard specifications for building and paving brick. Proc. 

Am. Soc. Test. Mat., Vol. 13, 1913, p. 286. 
See also "Pavement." 

Bridge — General and Details — 

Specifications for the Design of Bridges and Subways, by H. B. Sea- 
man. Covers, loading, stresses, details, foundations, etc. Trans. 
A. S. C. E., Vol. 75, 1912, p. 313. 

Standard Specifications for Bridges, by Ostrup. (McGraw-Hill Book 
Company.) Highway Bridges, pp. 13-25; Railroad Bridges, pp. 26- 
36; Plate Girders, pp. 37-4 2. Note: Adapted from General Specifi- 
cations for Steel Railroad Bridges, 1910, of A. R. E. & M. W. Ass'n. 

Materials and Workmanship. Materials for Structural and Rivet 
Steel, by Ostrup. Pages 43-53. 



346 Bibliography of Specifications 

Bridges. General and Details — Continued. 

Inspection, Painting and Erection, Standard Specifications for, by 

Ostrup. Pages 54-57. 
Specifications and tables for steel framed structures. Publication by 
American Bridge Co. of New York. General edition, 1913. 

Bridge — Highway — 

Relation of Bridge Specifications to Highway Improvement. Paper 
before Ind. Eng. Soc, by Prof. A. Smith. Eng. Rec, 1911-1-83. 

Highway bridge specifications outlined by U. S. office of public roads. 
Eng. Rec, 1913-11-230. 

Steel highway bridge. Specifications of the office of public roads. 
Editorial Eng. Rec, 1913-11-255. 

Steel highway bridges and viaducts. American Bridge Company. 
Johnson, p. 433. 

Bridges. Specifications for the superstructure of the Blackwell's 
Island bridge. Lengthy abstract carefully drawn up. Contain spe- 
cial features. Eng. Rec, Vol. 48, Aug. 22, 1903, pp. 222-224. 

Bridge, specifications for a suspension. Full specifications drawn up 
by Mr. Cooper for suspension bridge over Hudson River at New 
York City. Eng. News, Vol. 33, Mar. 7, 18 95, pp. 15 9, 160. 

Specifications for concrete floor by United States Office of Public 
Roads. Eng. Rec, 1913-11-305. 

Specifications for Replacing Wood Floor with Reinforced Concrete for 
Highway Bridges, by L. C. Smith. Eng. Cont., Feb. 14, 1912, p. 179. 

General specifications for concrete and steel bridge work of the 111. 
State Highway Commission. Eng. Cont., Oct. 21, 1914, p. 3 91. 

Design features of Williams' reinforced concrete highway bridge, Co- 
lumbus, Ohio. Specifications for work and materials. Eng. Cont., 
June 3, 1914, pp. 309, 643. 

See also "Concrete." 

Bridges, Metal, RailAvay — 

Bridge specifications of the Baltimore and Ohio R. R. Eng. News, 
1894_I_408; 1895-II-3G5; 1896-1-392. 

Bridge specifications of the Boston & Maine Ry. Eng. News, 1897-1- 
175. 

Specifications for Chicago Drainage Canal railway bridges. Eng. 
News, 1897-11-363. 

Specifications for steel for railway bridges. Draw^n up by Geo. H. 
Thompson, formerly bridge engineer of New York Central R. R., 
cover difficulties in the way of obtaining suitable materials at rea- 
sonable cost. Eng. News, May 31, 1894, p. 446. 

Specifications for bridge over the Mississippi river at Rock Island, 
111. Eng. News, 1896-1-407. 

Specifications for suspension bridge over North river. New York. Eng. 
News, 1S95-I-145, 159, 176. 



Bibliography of Specifications 347 

Bridges, Metal, Railway — Continued. 

Specifications for steel bridges and viaducts of the Atchison, Topeka 

& Santa Fe Ry. Eng. News, 1903-1-4 8 5. 
Specifications for Blackwell's Island bridge. New York. Eng. News, 

1903-11-113, 202, 442. 
Specifications for material and workmanship for steel structures and 

schedule of unit strains. Report of committee. A. R. E. & M. W. 

Ass'n, 1903, Vol. 4, p. 130. 
Specifications for Erection of R. R. Bridges, by J. E. Greiner. A. R. 

E. & M. W. Ass'n, 1910, Vol. 11, p. 130. Also Eng. Cont., Mar. 30, 

1910, p. 299. 
General specifications for steel railroad bridges, loads, design details 

and material. Report of committee. A. R. E. & M. W. Ass'n, 1905, 

Vol. 6, p. 218; 1906, Vol. 7, p. 185; 1910, Vol. 11, p. 115. 
Steel Railroad Bridges and Viaducts. Pennsylvania Railroad, John- 
son, p. 459. 
American Bridge Co.'s New Specifications for Bridges. Article con- 
tains important extracts from same, selected to cover problems of 

design. Eng. Rec, Vol. 42, Dec. 1, 1900, pp. 521-523. 
Specifications for Steel Bridges by J. A. L. Waddell. John Wiley & 

Sons, 1900. See also De Pontibus, by Waddell. John Wiley & Sons, 

1898. 
Specifications for river bridge. Ohio river. Haupt, p. 179. 
Specifications for wrought iron railroad bridge. Pennsylvania R. R., 

Morrisville Station. Joseph M. Wilson, Engineer Bridges. Haupt, 

p. 142. 
Specified and Actual Loads of Railway Bridges. Eng. Rec, Vol. 6 6, 

n. 622. 
Specifications for East River bridge. New York. Eng. News, 1901- 

1-290. 454; Eng. Rec, 1899-11-573. 
Specifications for electric railway bridges of the Massachusetts Board 

of Railroad commissioners. Eng. News, 1900-11-4 27, 
Sydney Harbor bridge, requirements for stresses and materials. Eng. 

News, 1901-11-5 8. 
Specifications for workmanship, Thebes bridge. Eng. News, 1905- 

1-481. 
Specifications for steel railroad bridges. Trans. A. S. C. E., Vol. 41, 

1899, pp. 140, 164, 257. 
Specifications for Metal Bridges Movable in a Vertical Plane. B. R. 

Leffler, with discussion. Trans. A. S. C. E., Vol. 76, 1913, p. 370. 
See also "Iron and Steel;" "Cable." 

Bridge, Timber — 

Specifications for timber bridge. Eng. News, 1901-1-264. 
Recommended specifications for workmanship for pile and timber 

trestles. Committee Report. A. R. E. & M. W. Ass'n, 1906, Vol. 7. 

p. 689, 1907, Vol. 8, p. 398. 



348 Bibliography of Specifications 

Bridge Timber — Continued. 

Discussion of specifications for wooden bridges and trestles. A. R. 

E. & M. W. Ass'n, 1902, Vol. 3, p. 238. 
Specifications for timber bridges and trestles. Committee Report. 

A. R. E. & M. W. Ass'n, 1905, Vol. 6, p. 27. 
Specifications for metallic details used in wooden bridges and trestles. 

Committee Report. A. R. E. & M. W. Ass'n, 1906, Vol. 7, p. 692; 

1910, Vol. 11, p. 178. 
Bridge and Trestle Work. Haupt, p. 178. 
See also "Timber." 

Bronze — see "Alloys." 

Building — 

Architects' and builders' uniform contract. (Adopted and recom- 
mended for general use by American Inst, of Architects; also the 
National Association of Builders.) Reference: Electric Lighting 
Specifications, by Merrill; 2d edition, pp. 204-213. 

Building code of the City of New York theaters and opera houses': 
(Proposed by Joint Comm. of A. I. of Architects, Nat'l Board of 
Fire Underwriters, etc.) Reference: Insurance Engineering,' Vol. 
21, pp. 298-307. Note: For various rules, regulations and recom- 
mendations of Nat'l Board of Fire Underwriters, Nat'l Fire Pro- 
tection Ass'n, see late volumes of Fire Insurance. 

Specifications for oil houses. (Adopted by Independence Inspection 
Bureau of Philadelphia.) Reference: Insurance Engineering, Vol. 
21, p. 444. 

Municipal building laws in the United States. Compared by R. 
Fleming, Designing Engineer of American Bridge Company. Eng. 
Nev/s, 1913-II-9. 

Various rules and requirements of the National Board of Fire Un- 
derwriters for different forms of building construction and fire pro- 
tection, pumps, appliances, etc. Reference: Handbook of Fire 
Protection for Improved Risks, by Crosby & Fiske. Press of Stand- 
ard Pub. Co., Boston, Mass. 

Building ordinance of the City of Chicago. (Passed by the city coun- 
cil, Dec. 5, 1910.) Reference: Handbook for Architects and Build- 
ers, published under auspices of Chicago Architects Business Asso- 
ciation. Vol. 16, 1913, p. 67. 

Complete specifications for a frame dwelling. "International Library 
of Technology," Vol. 33, sect. 23, p. 1. 

Report on Uniform Specifications for Buildings, by Wm. B. Bamford. 
Discusses the general considerations affecting contract specifica- 
tions. Journal Am". Soc. of Eng. Cont., March, 1911. 

Specifications for Office Buildings, by Fred W. Winterbum. Sugges- 
tions helpful in writing a good specification. Brick Builder, Dec. 
1909, Vol. 18, pp. 257-259. 

High service pumping station No. 3, St. Louis, Mo. Johnson, p. 267. 

Engine house, St. Louis Water Works. Johnson, p. 304. 



Bibliography of Specifications 349 

Building — Continued. 

Passenger depot. Baltimore & Potomac R. R., Washington, Haupt, 
p. 124. 

Construction of college building. Pennsylvania, Haupt, p. 110. 

Chicago specifications for standard hollow tile fire proofing. Ref- 
erence: Handbook for Architects and Builders, Vol. 16, 1913, 
p. 183. 

Gravel roofing specifications. (Adopted by Chicago Master Compo- 
sition Roofers' Ass'n.) Reference: Handbook for Architects and 
Builders, Vol. 16, 1913, p. 302. 

Modern plumbing specifications used on work done under the super- 
vising architect of the treasury department, Washington, D. C. 
The Building Mechanics' Ready Reference, by Richey (Plumbers, 
Steam Fitters' and Tinners' Edition), pp. 4 28-450. 

Specifications for the plumbing installation in the Hotel Santiago, 
Havana, Cuba. Plumbing Plans and Specifications, by J. J. Cos- 
grove, pp. 65-84. 

World's Fair (Chicago) for materials and workmanship. Eng. News, 
1892-1-291. 

Cleveland, O., regulations and specifications for reinforced concrete. 
Eng. News, 1912-1-99, 305. 

Specifications for structural work of buildings. Trans. A. S. C. E., 
1905, Vol. 51, p. 371. 

Also see "Lathing;" "Roofing;" "Masonry." etc. 

Cable, Suspension — 

Specifications for suspension cable. Drawn up by Mr. L. L. Buck for 
new East River bridge. Extracts cover manufacture and erection 
of wire work proper. Eng. Rec, Vol. 40, Nov. 18, 18 99, pp. 573, 
574. 

See also "Transmission Line." 

Caissons — 

Specification for caisson for pier of Cincinnati highway bridge. Trans. 
A. S. C. E., 1892, Vol. 27, p. 218. 

Canal Locks — 

Cut stone masonry at Sault Ste. Marie. Eng. News, 1895-11-194-238. 
Also see "Masonry;" "Concrete." 

Cars — 

Proposed specifications for car couplers. Eng. News, 1892-1-43 6; 
1899-1-393-396. 

Couplers for interurban cars where interchange of equipment is in- 
volved. Eng. News, 1912-11-861. 

Specifications and guarantee for C, I. wheels. Rept. M. C. B. Ass'n. 
Eng. News, 1897-1-360, 367. 

Cast iron wheels for sixty, eighty and one hundred thousand pound 
cars. Eng. News, 1904-1-614; 1904-11-9. 



350 Bibliography of Specifications 

Cars — Continued. 

Specifications for C. I. wheels adopted by Master Car Builders' 
Ass'n. Eng. News, 19 09-11-112. 

Specifications adopted by Am. Soc. Test. Mat. Eng. News, 1912-1- 
659. 

Standard specifications for C. I. car wlieels. Proc. Am. Soc. Test. 
Mat., Vol. 5, 1905, p. 65. 

Proposed standard specifications for forged and rolled, forged, or 
rolled solid steel wlieels for engine truck, tender and passenger 
subway and elevated Ry. service. Proc. Am. Soc. Test. Mat., Vol. 
11, 1911, p. 55. 

Same for freight service. Same, p. 5 9. 

Gondola cars. Empire Transportation Company, Haupt, p. 201. 

Butter and egg cars. Empire Transportation Company, Haupt, 
p. 198. 

Stock cars. Empire Transportation Company, Haupt, p. 197. 

Rack cars. Empire Transportation Company, Haupt, p. 19 4. 

Box cars. Empire Transportation Company, Haupt, p. 192. 

Boiler tank cars. Empire Transportation Company, Haupt, p. 188. 

Car materials. Standards and recommended practice of the Master 
Car Builders' Association. Proceedings Master Car Builders' 
Ass'n, Vol. 45, 1911, pp. 521-788. Includes, various specifications 
for car material and equipment. Standard specifications, recom- 
mended practice. 

Castings — 

Specifications for malleable castings (C. L. Sullivan). Eng. News, 
1897-1-247. 

Specifications for foundry castings (J. I. Case Co.). Eng. News, 
1898-11-220. 

Specifications for Pig Iron and Iron Castings for Philadelphia & Read- 
ing Ry. Co., by Robert Job. Eng. News, 1904-1-253. 

Specifications for cast iron and finished castings. Eng. News, 1904- 
1-584. 

Specifications for pig iron and castings, sampling clause. Eng. News, 
1904-1-559. 

Specifications for foundry supplies (J. I. Case Co.). Eng. News, 
1902-11-184. 

Standard specifications for gray iron castings. Proceedings Am. Soc. 
Test. Mat., Vol. 5, 1905, p. 71. 

Specifications for aluminum castings. Proc. Am. Soc. Test. Mat., 
Year Book, 1910. 

Proposed standard specifications for gray iron castings. (Adopted 
in amended form by letter ballot of the Amer. Soc. for Testing Ma- 
terials, Sept. 1905.) References: Digest — "Civil Engineers Pocket 
Book," by Frye, p. 498. Proc. Am. Soc. for Testing Materials, Vol. 
5, pp. 71-74; also 1913 Year Book, pp. 191-194. 



Bibliography of Specifications 35 I 



Castings — Continued. 

Gray Iron Castings, by Henry Souther, Chm. Standards Comm. for 
Soc. of Automobile Engineers, 1910. Reference: Trans, of the 
Soc. of Automobile Engineers, Vol. 5, pp. 168-175. Note: For 
notes and instructions referring to above, see same Vol., pp. 176- 
202. 

Gray iron castings; molding or test pieces and standard specifications 
for. Abstract of report presented to American Foundry Men's Ass'n 
in June, 1901, by committee of same. Eng. News, Vol. 46, Aug. 1, 
1901, p. 76. 

See also "Aluminum;' "Iron and Steel," etc. 

Catchbasin — see "Sewer." 

Cattle Guards — 

Requirements of Canadian government commission. Eng. News, 1902- 
11-389. 

Cement — 

Philadelphia work. Comparison of American and foreign cements. 
Eng. News, 18 96-1-306, 338. 

South Australian government cement spec. Eng. News, 1896-11-404. 

Standard specifications United States government engineer corps, 1896. 
1897. Eng. News, 1898-1-230, 231, 274. 

Canadian Society Civil Engineers' specifications for cement. Eng. 
News, 1903-1-129. 

Report by board of engineers United States army on properties and 
testing. Eng. News, 1901-11-183. 

Report on specifications for natural and Portland, by A. R. E. & M. W. 
Ass'n. Eng. News, 1903-1-285. 

Natural and Portland. Am. Soc. Testing Mat. Eng. News, 1904-1- 
619. 

Standard specifications for. (Adopted by Am. Soc. for Test. Mat., 
Aug. 16, 1909.) Approved by A. S. C. E. and A. R. E. & M. W. 
Ass'n and Ass'n Cement Mfgrs. Reference: Amer. Civil Eng. Pocket 
Book, 1st edition, p. 482. "Reinforced Concrete Construction," by 
Hool. Vol. 2, p. 648. "Handbook for Architects and Builders." 
Pub. auspices Chicago Architects' Business Ass'n, Vol. 16, 1913, 
p. 199. Proc. Am. Soc. for Test. Mat., Vol. 9, 1909 pp. 116-130: 
also Year Book. "Standard Specifications," by Ostrup, pp. 65-69. 

Standard specifications for cement. Adopted by the A. R. E. & M. 
W. Ass'n, 1905. (Joint committee. A. S. C. E.; Am. Soc. for Test. 
Mat. Latest revision, 1911, Year Book; A. I. of Arch.; U. S. Army; 
Ass'n Port. Cement Users, and Am. Ry. Eng. Ass'n.) Reference: 
Proc. of A. R. E. & M. W. Ass'n, Vol. 11, pp. 705-719. Note: 
Committee reports certain amendments during 1910, and recom- 
mends revision. Proc. of Ass'n. Vol. 11. Part 2, pp. 956-958. 
Trans. A. S. C. E., Vol. 66 (1910), p. 454; Vol. 77 (1914), p. 427. 
Proc. A. R. E. & M. W. Ass'n, 1903, Vol. 4, p. 380; 1905. Vol. 6, 
p. 704; and 1909, Vol. 10, p. 1338. 



352 Bibliography of Specifications 

Cement — Continued. 

British standard specifications for Portland. (Issued by tlie Engi- 
neering standards committee and supported by the various institu- 
tions of Engineers,' References: Practical Cement Testing, by 
Taylor, p. 308. 

United States Army standard specifications for. (Rec. about 1902 by 
Board of Engineers Officers on Testing Hydraulic Cements, for use 
in the Engineer Dept. U. S. Army.) References: Professional Pa- 
pers No. 28, Corps of Engineers U. S. Army; Practical Cement 
Testing, by Taylor, p. 303. 

Standard method of testing and specifications for Portland. (Recom- 
mended by Comm. Canadian Soc. C. E.) Reference: Trans. Cana- 
dian Soc. C. E., Vol. 23, pp. 56-71. 

Cement, lime and clay products. Standard specifications adopted by 
the American Society for Testing Materials. Three Specifications, 
1913 Year Book, pp. 25 4-2 86. Note: Above book contains all 
standard specifications of the society, sixty-three or sixty.four in 
number. 

Testing of hydraulic cements. Adopted by a Board of U. S. Engineer 
Officers in 1901, and used by the Engineer Dept. of the U. S. Army. 
Johnson, p. 515. 

Standard cement as used by the U. S. Reclamation Service. Eng 
News, 1913-1-562. 

Recommended changes in Portland cement specifications. By Bureau 
of Science of the Philippine Islands. Eng. News, 1913-1-29 8, 

Portland specifications for Lackawanna railroad. Eng. News, 1913-1- 
298. 

Portland cement. Specifications for leading articles of same. Pre- 
pared by H. Von Schon for both quick-setting and slow-setting 
cement. Eng. Rec, Vol. 39, Mar. 11, 1899, p, 332. 

Portland cement. British standard specifications for. (Adopted by 
Engineering Standards Committee of Great Britain on Nov. 2 3, 
1904.) Eng. News, Vol. 53, Mar. 2, 1905, pp. 227-228. 

Model specifications and tests for. (Adopted by the Bureau of Engi- 
neering of the city of Pittsburg. Better for general concrete work 
than for wearing surface and cement sidewalks. Municipal Engi- 
neering, Vol. 19, July, 1900, pp. 18-20. 

Hydraulic cements. Testing of same. Report Corps of Engineers, 
U. S. A. Specifications classified under purchase tests and accept- 
ance tests, rather complete. Eng. Rec, Vol. 44, Sept. 21, 1901, 
pp. 274-277. 

Portland cement. Some comparisons of standard specifications for 
testing, by Duryee, Chemist California Portland Cement Co. Con- 
siders Russian specifications excellent for requirements of chemical 
composition and compares same with specifications of other coun- 
tries. Eng. News, Vol. 47, Jan. 9, 1902, pp. 23, 24. 

National Board Fire Underwriters. Eng. News, 1906-1-5 88. 



Bibliography of Specifications 353 

Cement — Continued. 

United States government standard, Eng. News, 1911-11-301. 
Delaware, Lackawanna & Western R. R. Eng. News, 1913-1-185. 
Bonus system for purchase of cement. Eng. News, 1913-11-281. 
British and American standards compared. R. W. Lesley, Eng. News, 

1905-11-523. 
New German Standard Specifications for Cement, by H. Burchartz. 

Eng. Rec, 1910-1-819. 

Chains — 

Wrought iron chains. Pennsylvania railroad company. Johnson, 
p. 234. 

Chemicals — 

Miscellaneous, Soaps and Chemicals, by R. Hose. Abstract of Penn. 
sylvania R. R. specifications for materials. (In practical use for 
several years. Reprint Rec. by Soc. of Automobile Engineers' Stand- 
ard Committee, 1911.) Reference: Trans, of the Soc. of Automobile 
Engineers. Vol. 6, pp. 400-445. 

Coal and Coke — 

Specifications and Proposal for Shipping Coal, by J, E. Woodwell. 
Proc. Am. Soc. Test. Mat., Vol. 7, 1907, p. 554. 

The Purchase of Coal, by D. T. Randall. Sampling selection and 
notes on specifications. Trans. A. S. M. E., 1911, p. 313. 

Specifications for city of Chicago. Eng. News, 1910-11-563. 

Purchases by Third Avenue R. R. Eng. Rec. 1909-11-3 3. 

Uniform coal specifications, Chicago Board of Pub. Wks. Eng. Rec, 
1910-11-475. 

Coke, specifiations and testing. Eng. News, 1912-1-657. 
Concrete — 

Report of joint committee on concrete and reinforced concrete. (Edi- 
torial.) Eng. News. Vol. 69, p. 273. 

Specifications for concrete work. St. Louis. Eng. News, Vol. 67, 
p. 228. 

Railroad concrote work. Illinois Central railway company. Johnson, 
p. 328. 

Concrete Specifications for Bridge Structures, by United States Office 
or Public Roads. Eng. Rec, Vol. 68, p. 305. 

Proposed standard specifications for architectural concrete stone. 
(Submitted by Comm. of Nat. Ass'n Cement Users in 1911.) Ref- 
erences: Engineering Work in Town and Cities, by McCullough, 
2d edition, p. 239. 

Concrete dam. Extracts from specifications for construction of Ele- 
phant-Butte Dam, Rio Grande Project of U. S. R. S. Eng. News, 
Vol. 69, 1913, pp. 120-122. 

General Specifications for Concrete Bridges, by W. J. Watson, Con» 
suiting Engineer. 82 pages, 50c. Address M. A. Vinson, Caxton 
Bldg., Cleveland, O. 



354 Bibliograptiy of Specifications 

Concrete — Continued. 

General Specifications for Concrete and Reinforced Concrete, Includ- 
ing Finishing and Waterproofing (1913), by Jerome Cochran. Pub. 
by D, Van Xostrand Co. 

Standard specifications for cement hollow blocks. (Adopted Jan., 
1908, by the Nat'l Ass'n of Cement Users, Philadelphia, Pa.) Ref- 
erences: Engineering Work in Towns and Cities, by McCullough, 
2d edition, p. 24 7. Proc. of the Xat'l Ass'n of Cement Users, Vol. 4, 
pp. 185-193. 

Standard Specifications for Reinforced Concrete, by Ostrup (McGraw- 
Hill Book Companj'), pp. 7 5-93. 

Standard specifications for plain and reinforced concrete, and steel 
reinforcement. (Adoption recommended by Comm. on Masonry of 
A. R. E. & M. W. Ass'n, 1910.) References: Walls, Bins & Grain 
Elevators, by Ketchum, 2d edition, pp. 520-525; Proc. A. R. E. & 
M. V. Ass'n, Vol. 11, part 2, pp. 962-967; 1911 Year Book, pp. 188- 
194; Manual of recommended practice of the same Ass'n; Recom- 
mended Practice for Designing Reinforced Concrete Structures 
(adoption recommended by committee of A. R. E. & M. W. Ass'n, 
1910); Proc. of Ass'n, Vol. 11, part 2, pp. 968-969. See also Man- 
ual of Recommended Practice of the above association, 

Specifications and Design Standards for Reinforced Concrete Struc- 
tures, by Ernest McCullough. Eng. News, 1913-1-282. 

Specifications for concrete and reinforced concrete. Joint committee 
A. S. C. E., Am. Soc. Test. Mat., A. R. E. & M. W. Ass'n, and A. 
A. Portland Cement Mfgrs. Eng. News, 1913-1-258. 

Reinforced concrete regulations for New York city and for Cleveland, 
Ohio. Eng. News, 1912-1-98 et seq. 

Specifications for floors. Eng. News, 1895-1-189. 

German specifications for design, constructing and testing of con- 
crete structures. L. L. Moisseiff. Eng. News, 1905-11-478. 

Blocks, specifications for. Xat'l Ass'n Cement Users. Eng. News, 
1908-1-70. Nat'l Ass'n Mchy. Mfgrs. Eng. News, 1906-1-153. 

Manufacture of, for hollow walls. F. W. Haglock. Eng. News, 1905- 
1-440. 

Concrete slabs, specifications for. Eng. News, 1910-1-443. 

Concrete for new ship lock at Sault Ste. Marie. Eng. News, 1911-11- 
276. 

Specifications and methods of test. Eng. News, 1912-1-557. 

Concrete specifications for bridge substructure. U. S. Office of Public 
Roads. Eng. Rec, 1913-11-305. 

Atlantic Avenue subway, Brooklyn. Eng. News, 190 2-1-4 20. 

Aurora, Elgin & Chicago Railway Measurement of Cement and Con- 
sistency of concrete. Eng. News 1902-11-2 85. 

Hudson River tunnel work. Eng. News, 1913-11-33 7. 

Illinois Central Railroad bridges and culverts. Eng. News, 1901- 
11-44. 



Bibliography of Specifications 355 

Concrete — Continued. 

Report A. R. E. & M. W. Association. Eng. News, 1902-1-246; 

1903-1-274, 284. 
Reservoir lining, Aurora, 111. Eng. News, 1902-1-423. 
Proportioning concrete. U. S. Navy Dept. Eng. News, 1912-11-201. 
Specifications and design standards for reinforced concrete structure. 

Ernest McCullough. Eng. News, 1913-1-282. 
Field Testing and Inspection on Reinforced Concrete Building Con- 
tracts, by G. H. Bayles. Paper before Nat'l Ass'n Cement Users. 

Specifications and methods of testing. Eng. Rec, 1912-1-528. 
Consistency of concrete. Specifications of The Concrete Institute. 

Eng. Rec, 1912-1-185. 
Proposed standards for measuring concrete construction. Nat'l Ass'n 

of Cem. Users. Eng. Rec, 1912-1-387. 
Depositing concrete under water. Results of study by Committee 

of Am. Ry. Eng. Ass'n. Eng. Rec, 1912-1-328. 
Specifications and methods of tests for concrete materials. Nat'l Ass'n 

of Cement Users progress report. Eng. Rec, 1912-1-349. 
Reinforced concrete in New York City. Regulations adopted in 1911. 

Eng. Rec, 1912-1-26. 
Specifications for scrubbed concrete surface. Report presented to 

Nat'l Ass'n Cement Users. Eng. Cont., Jan. 4, 1911, p. 5. 
Standard plans and specifications for retaining walls, Seattle, Wash. 

Eng. Cont., July 19, 1911, p. 58. 
Reinforced concrete pipe culverts for railways. Sample specifications 

from various railways. Eng. Cont., Oct. 23, 1912, p. 473. 
Methods of testing for concrete materials. Report of Committee Nat'l 

Ass'n of Cement Users. Eng. News, 1913-1-4 2. 
Specifications and methods of test for concrete materials. Eng. Rec, 

1911-1-349. 
See also "Measurement." 

Copper — 

Standard specifications for copper wire, bars, cakes, slabs, billets, 
ingots and ingot bars. Adopted, 1911. Proc. Am. Soc Test. Mat., 
Vol. 11, 1911, p. 143. 

Standard specifications for electrolytic copper wire, bars, cakes, slabs, 
billets, ingots and ingot bars. Am. Soc Test. Mat., Vol. 13, 1913, 
p. 218. 

Standard specifications for lake copper, wire, bars, cakes, slabs, bil- 
lets, ingots and ingot bars. Am. Soc. Test. Mat., Vol. 13, 1913, 
p. 214. 

Culverts — 

Specifications for corrugated metal culverts in Minnesota. From 
bulletin by highway commission. Geo. W. Cooley, State Engr. 
Eng. Cont., July 1, 1914, p. 17. 

See also "Concrete." 



356 Bibliography of Specifications 

Curb — see "Sidewalk, Curb and Gutter." 

]>aius — 

Wachusett dam, details of. A. D. Flinn. Eng. News, 1900-11-17 7. 
The New Kensico Dam (masonry dam), by A, D. Flinn. Eng. Rec, 

1912-1-772. 
Elephant Butte dam. Extracts from specifications, U. S. Reclamation 

Service. Eng. Rec, 1913-1-120. 
New regulations governing the design and construction of dams. New 

York State Conservation Comm. Eng. Rec, 1912-1-7 4. 
Abstract of Specifications for Earthen Dam for McAlester, Okla., by 

J. W. Holman. Eng. Cont., Nov. 13, 1912, p. 547. 
Specifications for timber dam at Hymelia Crevasse, La. Eng. Cont., 

Sept. 18, 1912, p. 328. 
Earthen dam for storage reservoir for irrigation purposes. Johnson, 

p. 130. 
Masonry. Kanasha River. Wm. P. Craighill, Maj. of Engineers. 

Haupt, p. 71. 
Contract. No. 5 Soughborough, of the Boston Waterworks. John- 
son, p. 358. 
Specifications for the Arrow Rock dam U. S. Reclamation Service. 

Eng. News, 1913-1-118. 
See also "Concrete." 

Drainage — see "Excavation." 

Drain Tile — see "Pipe." 

Earthwork — see "Excavation." 

Electrical — General — 

Engineering Specifications, by Frank F. Fowle before Armour Inst. 
of Tech., Branch of A. I. E. E. Discusses the relation of specifica- 
tions to contracts and matters related, giving three examples of 
specifications. Proc. A. I. E. E., Sept., 1911, Vol. 30, No. 9, 
pp. 2029-2047. 

Standardization rules of the A. I. E. E. (As approved June 27, 1911.) 
References: Trans, of the A. I. E. E., Vol. 30, Part 3, p. 2539. 
Note: Preliminary draft of revised rules printed in Nov., 1913. 
Address, 33 W. 39th St., N. Y. 

Rules of the National Electric Light Ass'n. (Adopted 1891 and 
amended Feb., 1892.) References: Electric Lighting Specifica- 
tions, by Merrill. 1st ed., p. 118. 

Rules of the National Board of Fire Underwriters. (Edition of Jan. 
1, 1895.) Reference: Electric Lighting Specifications, by Merrill. 
2d ed., p. 154. 

Electrical Inspection. Section of review of City of Chicago, Govern- 
ing Electrical Inspections. (Adopted March 13, 1911.) Reference: 
Handbook for Architects and Builders, Vol. 16, 1913, p. 165. 



Bibliography of Specifications 357 

Electrical, General — Continued. 

Electrical inspection. Regulations governing Commonwealth Edison 
Company's system. Reference: Handbook for Architects and Build- 
ers, Vol. 16, 1913, p. 173. 

Protection of electric service employees, rules for. Being an order 
of the New York Public Service Commission. First District. Eng. 
News, 1913-1-1131. 

See also "Transmission Lines." 

Electric Generators and Motors — 

Specifications for Performance and Ratings of Generators and Motors, 
by W. L. Waters. Notes and points on operating requirements. N. 
E. L. A. Thirty-second convention, Vol. 11, 1909, p. 443. 

Electric generators. St. Charles St. Railroad Co., New Orleans, La. 
Johnson, p. 414. 

A. C. Generator. Typical Specification for an Alternating Current 
Generator, "Electrical Machine Design," by Gray, pp. 312-314. 

D. C. Generator. Typical Specification for a Direct Current Generator, 
"Electrical Machine Design," by Gray, pp. 153-155. 

Induction Motors. T>'pical Specifications for a Large Induction Mo- 
tor, "Electrical Machine Design," by Gray, pp. 4 2 2-4 24. 

Standardization rules A. I. E. E. Performance specifications and 
tests. A. I. E. E., Vol. 24, 1907, Part II, p. 1799. 

Parallel operation of alternating current generators. Engine require- 
ments. Specifications of Westinghouse El. & Mfg. Co. E. M. Ting- 
ley and H. E. Longwell. Eng. News, 1902-1-498. 

Electric Insulators — 

Testing of and proposed standard f<pecifications. C. E. Skinner. Eng. 
News, 1908-11-44. 

Specifications covering inspection and tests of high tension line insu- 
lators of porcelain for over 25,000 volts. Committee report. Proc. 
A. I. E. E., Oct. 1914. 

Electric Lighting — 

Requisites of modern lighting generator sets, H. G. Reist. Eng. 
News, 1900-11-423. 

Electric Lighting. Rules and requirements of the New England In- 
surance Exchange for electric lighting. (Adopted Sept. 27, 1890. 
Revised in conjunction with Comm. from New England Electric Ex- 
change.) References: Electric Lighting Specifications, by Merrill, 
1st ed., p. 154. 

Electric street lighting plant. Specifications for arc system drawn up 
for City of Toronto, Ont., by the city engineer. I^^arge Plant. Few 
specifications for work of this kind published. Eng. News, Vol. 32, 
Aug. 23, 1894, pp. 148, 149. 

Street lights standard specifications for. Editorial. Eng. Rec, 1913 • 
11-595. 



358 Bibliography of Specifications 

Electric Lighting — Continued. 

Street Lighting by arc lamps, specifications for. Used for street arc 
lights in Oswego, N, Y. Of some practical interest. Eng. News, 
Vol. 33, April 11, 1895, p. 234. 

Electric lamps. Abstract of Pennsylvania R. R. specifications for 
materials. (In practical use for several years. Reprinted record, by 
Soc. of Automobile Engineers Standard Committee, 1911.) Ref- 
erence: Trans, of the Soc. of Automobile Eng., Vol. 6, pp. 400-445. 

Installation of an electric lighting station in a small city. Johnson, 
p. 254. 

Electric Railway and IMiscellaneous — 

Machinery and track construction of an electric railway. St. Charles 
St. Railroad Co. Johnson, p. 404. 

Track and overhead construction for an electric railway in a country 
town. American Society of Civil Engineers. Johnson, p. 4 29. 

Transformers. Standard Specification for Oil Immersed, Self-Cooled 
Transformers, "Electrical Machine Design," by Gray, pp. 494-496. 

Railway Signal Association standard specification for switch boards. 
Proc. Ry. Signal Ass'n, 1911, Vol. 8, p. 319. 

Electrical signal service. Various comm. reports and discussions on 
same. Recommended specifications, requisites and rules of the Rail- 
way Signal Ass'n. "Journal of the Railway Signal Ass'n," Vol. 9, 
1912. 

See also "Transmission Lines." 

Engines — see "Steam Engine." 

Excavation — 

General specification for construction of open drainage ditches. Office 
Exp. Station, U. S. Dep't Agric. Eng. Cont., July 5, 1911, p. 21. 

Preparation and Enforcement of Drainage Specifications, by J. L. 
Parsons. Eng. Cont., Dec. 27, 1911, p. 692. 

Specifications for tunnel excavation. A. R. E. & M. W. Ass'n, 1905. 
Vol. 6, p. 125. 

Notes on Specifications for Earthwork in Railway Construction. Pa- 
per before Am. Soc. Eng. Cont., by J. H. Bacon. Eng. Cont., Feb. 
23, 1910, p. 175. 

Grading. Railroad grading used by the Pennsylvania Railroad. John- 
son, p. 123. 

Grading. Palls Drive, Philadelphia. Haupt, p. 14 7. 

Excavations under water. Used by Col. O. M. Poe, U. S. Army. John- 
son, p. 126. 

Specifications for excavations. In use by U. S. Reclamation Service. 
"Principles of Irrigation Engineering," by Newell and Murphy, 
pp. 50-52. 

Standard Plans and Specifications for Grading in Seattle, Wash., by 
R. H. Thomson. Eng. Cont, July 5, 1911, p. 7. 

Plowing as a test of classification. Eng. Rec, 1909-1-366, 488. 



Bibliography of Specifications 359 

Excavation — Continued. 

Plow test for classification. J. A. Fulton. Eng. News, 1904-1-179. 

Classification of excavation and embankment. Eng. Rec, 1907-1- 
316, 323. 

Classification of excavated material. Eng. Rec, 1903-1-274, 347. 

Dispute over grading classification. Legal decision Minnesota su- 
preme court. Eng. Rec, 1911-11-760. 

Grading, masonry, bridges and rails as used on Cincinnati Southern 
Ry. Haupt, p. 164. 

See also "Measurement;" "Railways;" "Tunnel." 

Excavation, Dredging- — 

Measurement, comparison of place and scow. Eng. News, 1904-11- 

197. 
Typical specifications for dredge work in alluvial land drainage of 

Mississippi valley, by Morgan Eng. Co. Eng. Cont., Oct. 4, 1911, 

p. 357. 
See also "Measurement." 

Embankments and Revetments — 

Brush mattress work. E. F. Linderman. Eng. News, 1912-1-672. 

Soil binders for protecting embankment from erosion. Eng. News, 
1912-11-7 4. 

Rubble lake embankment, Rutland Canadian R'y. J. W. Burke. Eng. 
News, 1903-1-4 8. 

Building levees to confine flood waters. State of Louisiana for build- 
ing levees on the banks of the Mississippi river. Johnson, p. 356. 

Fences — 

Specifications or standard right-of-way fences. Committee report 
covering material and workmanship. A. R. E. & M, W. Ass'n, 1906- 
VoL 7, p. 451; 1911, Vol. 12, p. 123. 

Floors — 

Specifications for composite floor with tar concrete base. Prac- 
tice of Lockwood, Green & Co., Architects. Eng. Cont., June 1, 
1910, p. 493. 

Specifications for waterproofing solid steel floor railroad bridges. 
S. T. Wagner. Proc A. S. C. E., Vol. XL, p. 2943; Eng. Cont., 
Jan. 27, 1915, p. 79. 

See also "Bridge;" "Water Proofing;" "Concrete." 

Flying Machine — 

Signal Corps specifications for a heavier than air flying machine. 
Trans. A. S. M. E., Vol. 30, 1908, p. 686. 

Frogs and Switches — 

Specifications for frogs and switches. Progress committee report. 
A. R. E. & M. W. Ass'n, 1909, Vol. 10. p. 409. 

Specifications for spring and rigid frogs. Committee report. Ma- 
terial and workmanship. A. R. E. & M. W. Ass'n, 1910, Vol. 11,. 
p. 936. 



360 Bibliography of Specifications 

Galvanizing — 

Galvanizing. Specifications for galvanizing for iron or steel. Ap- 
pendix C. to specifications for overhead crossings for electric light 
and power lines, proceedings of technical societies Chicago, June, 
1913 (3Gth annual convention). Reference: Nat. Elec. Light 
Ass'n, pp. 581-583. 

Garbage Reduction — 

Specification for furnace at navy yard, League Island, Pa. Eng. 

News, 190 2-1-5. 
Specification for garbage disposal, New York city. Eng. News, 1913- 

11-267. 
Gasoline — 

Specification for gasoline for internal combustion motors. Paper 

before Am. Soc. Test. Mat., by Dr. A. Sommer. Eng. Rec, 1910- 

11-166, and Proc. Am. Soc. Test. Mat., Vol. 10, 1910, p. 460. 

Grade Crossings — 

Buffalo, New York, specifications for crossings. Eng. News, 1895- 

1-195. 
Grade crossings in paved streets. Report Am. Ry. E. & M. W. Ass'n. 

Eng. News, 19 09-1-308. 

Gravel — 

Specifications for ballast. Report Am. Ry. & M. W. Ass'n. Eng. 

News, 1903-1-285. 
Standards in United States, Canada and Mexico. Eng. News, 1900- 

11-142. 
Filter gravel and sand. Albany Water Filtration Plant. Johnson, 

p. 294. 
See also "Ballast." 

Gutter — 

See "Sidewalk, Curb and Gutter." 

Harbor and River Improvement — 

Harbor and river improvements. Cedar Keys, Fla. A. N. Damrell, 

Capt. U. S. Engrs. Haupt, p. 55. 
Stone breakwater. Block Island, Rhode Island. G. K. Warren, U. 

S. Engr. Haupt, p. 57. 
Breakwater of crib-work. Cleveland breakwater. C. E. Blunt, Lieut. 

Col. of Engineers. Haupt, p. 5 9. 
Iron landing pier. Lewes, Delaware. Haupt, p. 61. 
Removing snags, etc. Minnesota river. F. U. Farquhar, Maj. of 

Engineers. Haupt, p. 63. 
Removing rock. East river and Hell Gate, N. Y. John Newton, 

Lieut. Col. Engineers. Haupt, p. 58. 
Canal locks. Tennessee river. W. R. King, Capt. of Engineers. 

Haupt, p. 64. 
Light house. New Haven, Conn. Haupt, p. 77. 
Also see "Embankments and Revetments." 



Bibliography of Specifications 361 

Highway — 

See "Pavement and Road Construction." 
Hydrants — 

Mill hydrant specification. Nat'l Fire Prot. Ass'n. Eng. News, 1901- 
1-455. 

Proposed standard specifications for post hydrants. Committee re- 
port to N. E. W. W. Ass'n. Eng. Cont. May 8, 1912, p. 530. 

Standard specifications for water works hydrants and valves. 
Adopted by Am. vV. W. Ass'n. Eng. News, Aug. 7, 1913, p. 265. 

Proposed standard specifications for post hydrants. (Final Report 
of Comm. Presented at Jan., 1912, meeting of association.) Ref- 
erence: Journal N«w England W. W. Ass'n, Vol. 26, No. 1, 1912, 
p. 77. 

Water works hydrant and valves; standard specifications for, edited 
by American Water Works Association, June, 1913. Eng. News, 
Vol. 70, p. 265. 

Illuiiiination — 

Desirability of standard specifications for street lighting. Eng. Rec, 

1913-1-595. 
See also "Electric Lighting." 

Iron and Steel — 

Iron and steel, classification of. Classification and definitions of 
above materials as given by Wm. Kent in 1883 in expert testi- 
mony. Oood classification and clear definition of technical mean- 
ing of commercial forms. Railroad and Engineering Journal, Vol. 
61, April, 1887, pp. 155-158. 

Abstract of Pennsylvania R. R. specifications for materials. (In 
practical use for several years. Reprint rec. by Soc. of Automo- 
bile Standards Committee, 1911.) Reference: Trans, of the Soc. 
of Automobile Engineers, Vol. 6, pp. 400-445. 

Axles 

Locomotive axles and forgings. Eng. News, 1903-11-20. 

Steel Axles — Manufacture and Specifications, by J. L. Replogle. 

Eng. News, 1904-1-471. 
Standard specifications for steel axles. Proc. Am. Soc. Test. Mat., 

Vol. 5, 1905, p. 56. 
Standard specifications for heat-treated carbon steel axles, shafts and 

similar parts. (Adopted 1911.) Proc. Am. Soc. Test. Mat., Vol. 

11, 1911, p. 63. 
Standard specifications for cold-rolled steel axles. Am. Soc. Test. 

Mat., Vol. 13, 1913, p. 156. 

Bearing Balls and Rollers 

Specifications for ball bearings for large sluice gates and gate valves. 

Coffin Valve Co. Eng. News, 1902-1-390. 
Roller steel for railway bridges. Report of A. R. E. & M. W. Ass'n. 

Eng. News, 1902-1-28 2. 



362 Bibliography of Specifications 

Iron and Steel — Continued. 

Boiler Plate and Rivet Steel 

Comparison of various railway standards. Eng. News, 1897-1-44. 
Specifications for boiler plate, rivet steel, steel castings and steel 

forgings. Report of committee, with discussion. Trans. A. S. M. 

E., Vol. 23, 1902, p. 632; revise in Vol. 24, 1903, p. 921, and Vol. 

25, 1904, p. 321. 
Standard specifications for open hearth, boiler plate and rivet steel. 

Proc. Am. Soc. Test. Mat., Vol. 9, 1909, p. 62. 
Standard specifications rivet steel for ships. Am. Soc. Test. Mat., 

Vol. 13, 1913, p. 148. 
Specifications for boiler plate steel (similar to Am. Soc. Test. Mat.). 

Am. Soc. M. E., Vol. 36, 1914, p. 985. 
Standard specifications for boiler plate, rivet steel, steel castings 

and steel forgings. (Submitted by the committee at Amer. Soc. 

of Mechanical Engineers, 1903 or 1904.) See Trans. A. S. M. E., 

Vol. 25, p. 322. 
Structural and boiler steel specifications of American steel manu- 
facturers. Recent revision of standards used. Iron Age, Aug. 22, 

1912, Vol. 90, pp. 409-411. 

Castings and Forgings 

Specifications for boiler plate rivet steel, steel castings and forgings. 

Report of committee. Trans. A. S. M. E., Vol. 23, 1902, p. 632; 

Vol. 24, 1903, p. 921; Vol. 25, 1904, p. 321. 
Standard specifications for steel castings and forgings. Proc. Am. Soc. 

Test. Mat., Vol. 5, 1905, pp. 53, 59. 
Standard specifications for malleable castings. Proc. Am. Soc. Test. 

Mat., Vol. 4, 1904, p. 95. 
Standard specifications for blooms, billets and slabs for carbon steel 

forgings. Proc. Am. Soc. Test. Mat., Vol. 13, 1913, p. 166. 
Review of various specifications for C. I. and steel casting. Com- 
mittee report tabulated summary. A. R. E. & M. W. Ass'n, 1905- 

6-3 2. 
Specifications for Steel Castings, by Henry Souther, Chm. Standards 

Comm. for Soc. of Automobile Engineers, 1910. Reference: Trans. 

of Soc. Automobile Engineers, Vol. 5, pp. 168-175. Note: For 

notes and instructions referring to above, see same Vol., pp. 176- 

202. 
See also "Castings." 

Cold Drawn Steel 

Tentative specifications for cold-drawn steel; Bessemer and open 
hearth automatic screw stock. Proc. Am. Soc. Test. Mat., Vol. 13, 

1913, p. 191; also Vol. 14, 1914, p. 174. 

Malleable Iron 

Specifications for Malleable Iron, by Henry Souther, Chm. Stand- 
ards Comm. for Society of Automobile Engineers, 1910. Ref-^ 



Bibliography of Specifications 363 

Iron and Steel — Continued. 

erence: Trans, of the Society of Automobile Engineers, Vol. 5, 
pp. 168-175. Note: For notes and instructions referring to 
above, see same Vol., pp. 176-202. 
See also "Wrought Iron." 

Pig Iron 

Specifications or code for ordering and sampling pig iron. Report 
Am. Soc. Test. Mat., Eng. News, 1909-11-56; Proc. Am. Soc. Test. 
Mat., Vol. 9, 1909, p. 111. 

Proposals for international export specifications for pig iron. Proc. 
Am. Soc. Test. Mat., Vol. 14, 1914, p. 154. 

Railroad Rails 

Manufacturers' standard specifications for steel rails. (Adopted 
Jan. 1, 1899.) Reference: Carnegie Steel Co.'s. Handbook, 1903, 
p. 229. Ass'n Am. Steel Mfgs. issued standard specifications in 
Jan., 1909. See Leaflets, Carnegie Steel Co. 

Standard Rail Specifications. Comparison of American Specifica- 
tions — Steel Rails, by Sellew, Prin. Asst. Engineer Michigan Cen- 
tral R. R., pp. 4G3-500 (D. Van Norstrand Co.). Also contains 
full bibliography of rail specifications. 

Comparative rail specifications. (Specifications of five different so- 
cieties or associations compared.) Railroad Age Gazette, 1909, 
Vol. 46, pp. 1066-1071. 

Specifications for carbon steel rails. Proc. Am. Ry. Engineering 
Ass'n, 1912, Vol. 13, p. 565. 

New specifications for steel rails adopted by the A. R. E. & M. W. 
Ass'n, Iron Age, Vol. 89, p. 816. 

Specifications for Steel Rails, by Robert Job, Chemist of Philadel- 
phia and Reading Ry. Co. Gives discussion of composition as well 
as manufacture of material. Also copy of specifications of above 
railway company. American Engineer and Railroad Journal, Oct. 
1902, pp. 310-311. 

Sixty-pound iron rails. Cincinnati Southern Railroad Company, 
Haupt, p. 177. 

Specifications Heavy Rails Made West of Alleghenies, by R. W. Hunt. 
Eng. News, 1895-11-252. 

New York Central standard. Eng. News, 1893-11-300. 

Am. Soc. Testing Materials, discussion of changes in specifications. 
Eng. News, 1902-1-511. 

Specifications for Bessemer steel rails of the A. R. E. & M. W. Ass'n. 
Eng. News, 1904-1-275. 

Chemical Specification. R. W. Hunt. Eng. News, 1900-11-68. 

Specifications International Ass'n for Testing ^Materials. Eng. News, 
1901-11-11. 

Report A. R. E. & M. W. Ass'n. Process and chemical properties 
for rails. Eng. News, 1902-1-244. 



364 Bibliography of Specifications 

Iron and Steel — Continued. 

American Inst. Mining Engrs. proposed standard specifications. W. 

R. Webster. Eng. News, 1901-1-35 2. 
Rail sections — British standard and a comparison of American and 

British sections. Eng. News, 1905-11-84. 
Canadian Pacific Ry. specifications for 85-pound rail. F. P. Gutelius. 

Eng. News, 1909-1-27 2. 
Specifications reported by A. R. E. & M. W. Ass'n. Eng. News, 

1910-1-375, 384. 
American Railway Ass'n specifications for Bessemer and open-hearth 

steel rails. Eng. News, 1908-I-5ol. 
American Railway E. & M. W. Ass'n. Wearing quality and freedom 

from breakage. Eng. News, 1905-1-33 7. 
American Society C. E. recommendations for Bessemer steel rails. 

Eng. News, 1908-1-105. 
American Society for Test. Mat. proposed standard specifications. 

Eng. News, 1906-1-726; 1907-II-8; 1907-11-18; 1908-11-22. 
Pennsylvania Railroad specifications. Eng. News, 190 8-1-42 6; 1909- 

1-50. 
Specifications and rail breakage. H. M. Howe. Eng. News, 1912- 

1-660. 
Standard specifications for steel rails. Am. Soc. Test. Mat. Eng. 

Rec, 1907-1-7 7 4. 
Standard specifications for steel rails. Proc. Am. Soc. Test. Mat., 

Vol. 7, 1907, p. 44; Vol. 8, 1908, p. 44. 
Standard specifications for Bessemer steel rails. Proc. Am. Soc. 

Test. Mat. Vol. 9, 190 9, p. 6 2. 
Standard specifications for open-hearth steel rails. Proc. Am. Soc. 

Test. Mat, Vol. 9, p. 66, and Year Book 1915. 
See also "Rails." 

Railway Rolling Stock 
Standard Specifications for locomotive cylinders. Proc. Am. Soc. 

Test. Mat., Vol. 4, 1904, p. 69. 
Standard specifications for steel tires. Proc. Am. Soc. Test. Mat., 

Vol. 9, 1909, p. 58. 
Standard specifications wrought and solid carbon steel wheels for elec- 
tric railway service. Proc. Am. Soc. Test. Mat., p. 160, Vol. 13, 1913. 
See also "Cars;" "Locomotive," etc. 

Reinforcing .Bars 

Standard specifications for steel bars. Eng. News, 1910-1-704. 
Reinforcing bars, proposed standard. T. L. Condron. Eng. News, 

1911-11-78, 87, 150. 
Standard specifications for reinforcing bars of Ass'n of American 

Steel Mfgrs. Eng. Cont., June 1, 1910, p. 492. 
Abstract embodying portions applicable to concrete reinforcement 

from the standard specifications for structural steel. Adopted by 

A. R. E. & M. W. Ass'n. Trans. A. S. C. E., Vol. 66, 1910, p. 459. 



Bibliography of Specifications 365 

Iron and Steel — Continued. 

Specifications for metal reinforcement. Progress report special com- 
mittee on concrete. Trans. A. S. C. E., Vol. 77, 1914, p. 430. 

Standard specifications for metal reinforcement. (Adopted Mar. 16, 
1910, by American R. E. Ass'n.) References: Reinforced Con- 
crete Construction, by Hool, Vol. 2, p. 652, 1911. Year Book of 
A. R. E. Ass'n, pp. 188-190. 

Standard speifications for steel reinforcing bars. (Adopted by Amer- 
ican Soc. for Test. Mat., June 1, 1912.) References: Handbook 
for Architects and Builders, published under auspices Chicago 
Architects' Business Association, Vol. 16, 1913, p. 197. Proc. Am. 
Soc. for Test. Mat, Vol. 11, 1911, p. 66; Vol. 12, 1912, p. 161-169. Note: 
Revision Aug. 23, 1913; Proc. Vol. 13, 1913, p. 153; also 1913 Yearbook, 
pp. 80-83. 

Splice Bars and Stay Bolts 

Standard specifications for steel splice bars. Proc. Am. Soc. Test. 

Mat., Vol. 9, 1909, p. 56, and Vol. 13, 1913, p. 131. 
Proposed standard specifications for staybolt iron. Proc. Am. Soc. 

Test. Mat., Vol. 7, 1907, p. 157, and Vol. 10, 1910, p. 93. 
Manufacturers standard specifications for steel splice bars. (Adopted 

Jan. 1, 1899.) References: Carnegie Steel Co.'s Handbook, 1903, 

p. 231.) 

Spring Steel 

Specifications for spring steel. Proc. Am. Soc. Test. Mat., Vol. 7, 
1907, p. 198. 

Structural Steel 

Standard American specifications. Eng. News, 1900-1-3 2 2. 

Table of grades steel for bridges and buildings in some countries 
that have adopted standards. Eng. News, 1902-1-516. 

Table of tensile strength and elongation of steel used on notable 
bridges. Eng. News, 1902-1-516. 

Material workmanship for steel structures Am. R. E. & M. W. Ass'n. 
Eng. News, 1913-1-274, 283. 

Desirability of standard specifications for bridge and ship steel. Eng. 
News. 1907-1-6 2 2. 

Specifications for and tests of steel. Eng. News, 1912-1-658. 

American Bridge Co. Radical innovations in steel work specifica- 
tions. Eng. News, 1913-1-364. 

Standard, for bridges, ships, forgings and rails of Am. Soc. Test. 
Mat. Eng. News, 1901-11-11, 12, 56; 1902-1-355. 

Specifications for steel street bridging and station building, Penn- 
sylvania R. R. Terminal, New York. Trans. A. S. C. E., Vol. G9, 
p. 214, 1910. 

Standard specifications for structural steel for bridges. Proc. Am. Soc. 
Test. Mat., Vol. 9, 1909, p 3 7. 

Standard specifications for structural steel for buildings. Proc. Am. 
Soc. Test. Mat., Vol. 9, 1909, p. 47. 



366 Bibliography of Specifications 

Iron and Steel — Continued. 

Standard specifications for structural steel for ships. Proc. Am. Test. 
Mat., Vol. 9, 1909, p. 42, and Vol. 13, 1913, p. 143. 

Steel framework of buildings. Standard specifications. By Ostrup 
(McGraw-Hill Book Company), pp. 1-12, 

Specifications for material and workmanship for steel structures. 
(Adopted by American Railway & Maintenance of Way Ass'n.) 
Reference: "Walls, Bins and Grain Elevators," by Ketchum, p. 53 6. 

Specifications for steel structures, design, details of construction 
and workmanship. (Adopted by the American Bridge Company.) 
Reference: Pamphlet — Specifications and Tables for Steel Framed 
Structures, Am. Bridge Co. of New York, Chicago edition, 1913. 

New specifications for structural steel work. Issued by the Amer- 
ican Bridge Company, Eng. Rec, Vol. 67, p. 264. 

New specifications for steel work of buildings. Editorial, Eng. Rec, 
Vol. 67, p. 254. 

Specifications for Steels, by Henry Souther, Clini. Standards Comm. 
for Soc. of Automobile Engineers, 1910. For notes and instruc- 
tions referring to above, see Vol. 5, pp. 176-2 02. 

Abstract of Pennsylvania Railroad specifications for materials. (In 
practical use for several years. Reprint rec. by Soc. of Automo- 
bile Engineers' Standard Committee, 1911.) See S. A. E., Vol. 6, 
pp. 400-445. 

Three radical innovations in new steel specifications. Eng. News, 
Vol. 69, p. 364. 

Wrought iron — specifications and tests for. Eng. News, 1912-1-657. 

Standard specifications for wrought iron. Proc. Am. Soc. Test. 
Mat., 1901, Vol. 1, p. 231; Vol. 13, 1913. p. 185. 

Kerosene — 

Necessary reforms in specifications for kerosene illuminating oil. 
Paper before Am. Soc. Test. Mat., by Dr. A. Sommer. Eng. Rec, 
1910-11-166; Proc. Am. Soc. Test. Mat., Vol. 10, 1910, p. 463. 

liathing — 

New York Bureau of Buildings. Rules for lathing and plastering. 

Eng. News, 1912-11-268, 
See also "Buildings," • 

L/ime — 

Proposed specifications for lime, both hydrated and quick lime. Am. 

Soc. Test, Mat,, Vol, 13, 1913, p. 315; Vol, 14, 1914, p, 214. 
Hydrated lime, tests and specifications, R, K, Meade, Eng. News, 

1911-1-557. 
Lime for water purification, W, F, Monfort, Eng, News, 1912-11- 

889. 



Bibliography of Specifications 367 

Lime — Continued. 

Recommended clauses for purchase of lime for water purification. 

Paper before Central States W. Wks. Ass'n, by W. F. Monfort. 

Eng. Cont., Nov. 13, 1912, p. 547. 
Proposed standard specifications for lime. Proc. Am. Soc. Test. 

Mat., Vol. 13, 1913, p. 315. 

Lightning Protection — 

Specifications for protection of buildings. Report Xat'l Fire Protec- 
tion Ass'n, Eng. News, 1906-1-5 7 7. 

Locks, Canal — 

See "Canal Locks;" "Concrete;" "Masonry." 

Locomotive — 

Locomotive: American Pattern, Haupt, p. 18 7. 

Locomotive: Mogul Pattern, for Dom Pedro Sogundo Railway of 
Brazil, Haupt, p. 186. 

Locomotive: Lehigh Valley R. R. Consolidation Pattern, Haupt, 
p. 184. 

Schenectady Locomotive Work's specifications for eight-wheel loco- 
motive engine furnished Purdue University about the year 1891 
or 1892. Locomotive Performance, by Gross, pp. 47-49. 

See "Iron and Steel — Railway Rolling Stock;" "Axles:" "Tires." 

Machine Tools — 

Specifications of Penn. R. R. & Am. Br. Co. Eng. News, 1904-1-449, 

455. 
Requirements in up-to-date shops, lathes and screw machines. John 

Ashford. Eng. News, 1901-1-179. 

Manholes — see "Sewer." 

Maps — 

Specifications for railway maps. Cal. State R. R. Comm. (Ed.) 

Eng. News, 1912-1-1237. 
Specifications for Railway Maps. Cal. State R. R. Comm., by R. A. 

Thompson. Eng. News, 1912-n-120. 

Masonry — 

Abstract of Report to Am. Ry. & M. W. Ass'n. Eng. News, 190 2-1- 
245. 

Masonry piers East River Bridge, N. Y. Eng. News, 1901-1-454. 

Specifications for Work and Materials, by A. D. Flinn. Eng. News, 
1912-1-776. 

Recommended standard specifications for stone masonry. (Adopted 
by the Amer. Ry. Engineering Ass'n, 1908.) References: "Walls, 
Bins & Grain Elevators,"" by Ketchum, 2d edition, p. 531. "A 
Treatise in Masonry Construction," by Baker, pp. 7 29-73 2. Proc. 
Amer. Ry. Eng. & M. W. Ass'n, Vol. 9, pp. 650-655, 659. Late Re- 
vision 1911 Year Book, pp. 183-188. 



368 Bibliography of Specifications 

Masonry — Continued. 

Masonry of railroad bridge over street. Pennsylvania R. R., Pitts- 
burg, Pa. Joseph M. Wilson, Engineer Bridges. Haupt, p. 139. 

Bridge: Girard Ave., Philadelphia. Joseph M. Wilson, Engineer 
Bridges. Haupt, p. 144. 

First class bridge masonry. Johnson, p. 157. 

Specifications used by the Pennsylvania Railroad Company. John- 
son, p. 148. 

Stone bridge masonry used by the Chicago, Milwaukee & St. Paul 
Railway. Johnson, p. 145. 

General specifications for Kensico Dam of Board of W^ater Supply of 
New York City. Eng. News, Vol. 67, 1912, pp. 776-779. 

Large stone dam. New Croton dam. New York City. Johnson^ 
p. 151. 

See also "Concrete;" "Canal Locks;" "Rock." 

IVleasurenients — 

Proposed method for the measurement of concrete construction. Com- 
mittee Report Nat'l Ass'n of Cement Users. Eng. News, Vol. 67, 
p. 577. 

Proposed standard for measuring concrete construction. Eng. Rec, 
April 6, 1912. 

Measurement rules. Chicago rules for measuring excavation and 
concrete work. (Adopted 1910 by W. S. of E., Chicago Architects' 
Business Ass'n and Masons' and Contractors' Ass'n.) C. A. B. 1913, 
pp. 18 7-191. Eng. News, 1910-11-492; Comments, same Vol. p. 540. 

Earth measurement clause. A lawsuit involving same. What first 
appears to have no ambiguity, is shown to have different interpre- 
tations. Eng. News, Vol. 51, Feb. 25, 1904, p. 129. 

Measuring quantity excavated under water. United States Engineer 
Corps. Johnson, p. 128. 

Also see "Excavation." 

Oils, Bituminous and Creosote — 

Specifications for Coal Tar Creosote for Wood Block Pavements of 
Chicago, by John Ericson. Eng. Cont., Jan. 17, 1912, p. 72. 

Specifications and Analysis of Creosote Oil, by S. R. Church. Dis- 
cussion of, for timber preservative. Eng. Rec, 1912-1-80. 

Specifications for coal tar creosote. A. R. E. & M. W. Ass'n. Eng. 
Cont., Sept. 30, 1908, p. 204. 

Specifications for road oil, San Joaquin Co., Cal. W. B. Hogan. 
Eng. Cont., Aug. 5, 1914, p. 129. 

Specifications for residuum oil for road treatment of St. Louis, Mo. 
Eng. Cont., Mar. 23, 1910, p. 268. 

Specifications for analysis of coal tar creosote. Committee Report. 
A. R. E. & M. W. Ass'n, Vol. 9, 1908, p. 708; Vol. 12, 1911. p, 748. 

Standard specifications for coal tar creosote. Committee Report. 
A. R. E. & M. W. Ass'n, Vol. 11, 1910, p. 737. 

See also "Pavements." 



Bibliography of Specifications 369 

Oil, Fuel — 

Specifications for, in signal lamps. Eng. News, 1906-11-431. 

Fuel. Specifications for purchase. U. S. Bureau of Mines. Eng. 

News, 1911-11-205. 
Fuel Oil Specifications and Corrections from Fuel Economy Tests at 

a Large Oil Burning Electric Power Plant, by C. R. Weymouth. 

A discussion of requirements and results. Trans. A. S. M. E., Vol. 

30, 1908, p. 775. 

Oil, Linseed — 

Standard specifications for purity of raw linseed oil from North 
American seed. Proc. Am. Soc. Test. Mat., Vol. 13, 1913, p. 399. 

Oil, Lubricating — 

Necessary reform in specifications for lubricating oils. Paper before 
Am. Soc. Test. Mat., by Dr. A. Sommer. Eng. Rec, 1910-11-167. 

Requirements for lubricating oil in combustion engines. Dr. A. Som- 
mer. Proc. Am. Soc. Test. Mat., Vol. 10, 1910, 466. 

Oils. Abstract of Pennsylvania railroad specifications for materials. 
(In practical use for several years. Reprint rec. by Soc. of Auto- 
mobile Engineers Standard Committee, 1911.) Reference: Trans, 
of the Soc. of Automobile Engineers, Vol. 6, pp. 400-445. 

Specifications for Auto Engine Lubricating Oil, by Henry Souther, 
Chm. Standards Comm. for Soc. of Automobile Eng., 1910. Ref- 
erence: Trans, of the Soc. of Automobile Engineers, Vol. 5, pp. 168- 
175. Note: For notes and instructions referring to above, see 
same Vol., pp. 176-202. 

Paint — 

Specification proposed by American Society for Testing Materials. 
Tests of. Eng. News, 1911-11-35, 64. 

Specifications for paint for steel terminal structures, Pennsylvania 
railroad. New York. Trans. A. S. C. E., Vol. 69, p. 213 (1910). 

Preservative coatings. Standard specifications adopted by American 
Society for Testing Materials. One specification in 1913 Year 
Book, pp. 28 7-289. Note: Above Year Book contains all standard 
specifications of the society, about sixty-three or sixty-four in 
number, latest revision. Also classified list giving dates of adop- 
tion and subsequent revision. 
Paints. Abstract of Pennsylvania railroad specifications for materials. 
(In practical use for several years. Reprint rec. by Soc. of Auto- 
mobile Engineers Standard Committee, 1911.) Reference: Trans, 
of the Soc. of Automobile Engineers, Vol. 6, pp. 4 00-4 4 5. 
Paper — 

New specifications of Government printing office. Eng. News, 1912- 
1-490. 

Pavements and Road Construction, General — 

General specifications for Michigan state reward roads. Third bien- 
nial report of the State Highway Commission (Dec. 1, 1908, to 



370 Bibliography of Specifications 

Pavement and Road Construction, General — Continued. 

June 30, 1910). Class A. Clay gravel roads, pp. 68-71; Class B. 

Gravel roads, pp. 71-74; Class C. Stone gravel roads, pp. 74-76; 

Class D. Gravel stone roads, pp. 7 7-79; Class E. Stone roads, 

pp. 79-83. 
Standard specifications adopted by the American Society for Testing 

Materials. Seven specifications in 1913 Year Book, pp. 290-299. 

Note: Above Year Book contains all standard specifications for 

the society, about sixty-three or sixty-four. 
Paving. Standard specifications for rattler and rattler test. (Rec- 
ommended by the Nat'l Paving Brick Mfgrs. Ass'n, 1911.) Will P. 

Blair, secretary, Cleveland, O. Municipal Eng., Vol. 40, pp. 93-95. 
Specifications for Street Railway Pavements, by Whinery (McGraw- 
Hill Book Company J. General, pp. 13-22; foundations, pp. 2 4-31; 

sheet asphalt pavement, pp. 33-45; asphalt block pavement, pp. 46- 

48; granite block pavement, pp. 5 0-55; brick pavements, pp. 5 6-60. 

(Differs only in minor details from those of Ass'n for Standardizing 

Paving and Nat'l Paving Brick Mfg. Ass'n.) 
Maintenance. Simple clause, no absurd requirements, discussion of 

good and bad points of same. Eng. News, Sept. 3, 1903. 
Materials for road construction and standards for their test and use. 

Proc. A. S. C. E., Apr. 1915. 
Standard specifications of the Association for Standardizing Paving 
Specifications. (Reports of various committees adopted.) 

(1) Specifications for concrete sidewalks, second annual report of 

association, pp. 35-37. 

(2) Specifications for concrete curb and combined curb and gutter, 

second annual report association, pp. 37-40. 

(3) Specifications for concrete for pavement foundations, second 

annual report of association, pp. 40-4 2. 

(4) Specifications for concrete pavements, second annual report of 

association, pp. 42-45. 

(5) Specifications for macadam, second annual report of associa- 

tion, pp. 50-52. 

(6) Specifications for creosoted wood blocks report of association, 

pp. 54-56. 

(7) Specifications for analysis of coal tar creosote (appendix to 

specifications No. 6), second annual report of association, 
pp. 57-59. 

(8) Brief specifications for brick and granite block, first annual 

report of association, pp. 63-66. 

(9) Specifications or sheet asphalt pavement, first annual report 

of association, pp. 73-7 8. 
(10) Specifications for bituminous concrete pavement, first annual 
report of association, pp. 78-8 2. 
Specifications for Street Railway Pavements, by Whinery (McGraw- 
Hill Book Co.). Wood block pavement, pp. 62-68; bituminous con- 
crete pavements, pp. 69-73; hydraulic concrete pavement, pp. 73-77; 



Bibliography of Specifications 37 1 

Pavement and Road Construction, General — Continued. 

experimental or untried pavement, pp. 78-80; concrete curb and 
gutter, pp. 80-84; concrete sidewalks, pp. 84-88. 

Pavement specifications in use in different cities and states. Ref- 
erences: Chicago specifications in use during 1905. See Engi- 
neering Work in Towns and Cities, by McCullough, p. 68. Specifi- 
cations in use in other cities, see above work, pp. 67-91; also Civil 
Engineers' Pocket Book, by Frye, p. 1101. Highway Eng. and 
Hand Book, by Harger & Bormey, p. 310. 

See annual reports of the Association for Standardizing Paving Spe- 
cifications. John B. Hittell, Secy-Treas., 5917 Winthrop Ave., Chi- 
cago. 1910 and 1911 (1st and 2d) annual reports in engineering 
library. 

Standard specifications for state aid roads in New Jersey. Extracts 
from revised specifications; also discussion of methods and ex- 
perience of commission. Municipal Engineering, Vol. 20, May, 
1901, pp. 294, 295. 

Street paving. General instructions to inspectors by Bureau of High- 
ways of the Borough of Manhattan, New York City. Eng. News, 
Vol. 69, p. 1114. 

State road construction in Wisconsin. Instructions for foremen and 
contractors. Eng. News, Vol. 70, p. 291. 

Highway work for New York state; new specifications for. Eng. 
News, Vol. 70, p. 1203. 

Suggested standard specifications for macadam, brick, granite block, 
creosoted wood block and concrete pavements. Convention of Chi- 
cago city officials. Eng. Cont., Mar. 9-16, 1910, pp. 222-243. 

Specifications for asphalt, brick, macadam and wood block pave- 
ments. Recommended for Chicago by Samuel Whinery. Eng. News, 
1911-1-471. 

Chicago bureau of public efficiency specifications for pavements, cov- 
ering wood block and oil preservative, asphalt, brick and granite 
block. Eng. News, 1911-1-254. 

New York state highway work. Eng. News, 1913-n-1203. 

Recent specifications and standards of Maine Highway Commission. 
Abstract of general specifications (staff article). Eng. Cont., Sept. 
16, 1914, p. 277. 

Important features of new standard paving. Specifications of Pitts- 
burg department of public works. Eng. News, June 25, 1914, 
p. 1435. 

Roadway standards of department of public works, city of Pittsburg, 
Pa. Eng. Cont., Aug. 21, 1912, p. 205. 

Standard plans and specifications for paving, Seattle, Wash. Eng. 
Cont., Aug. 9, 1911, p. 150. 

Requisites for Successful Pavement, by S. Whinery. Eng. News, 
1908-11-281. 

Richmond, Indiana, Abstracts from Specifications, by H. L. Weber. 
Eng. News, 1905-1-215; 1905-1-598. 



372 . Bibliography of Specifications 

Pavements, Bituminous — 

Asphaltic concrete, bituminous macadam, brick, etc., of Pennsyl- 
vania highway department. Eng. Cont., Aug. 19, 1914, p. 189. 

Asphalt and bituminous concrete pavements in Washington, D. C. Spe- 
cifications for all Materials and Work, by Capt. Mark Brooke. 
Eng. Cont., Jan. 10, 1914, p. 679. 

Asphalt block pavement at Washington, D. C. Eng. Cont., Dec. 21, 
1910, p. 554. 

Bituminous concrete specifications. Adopted by Chicago convention. 
Eng. News, 1910-1-30 9 

Specifications for bituminous surface concrete pavement in Los An- 
geles Co., Cal. Eng. Cont., Nov. 6, 1912, p. 513. 

Specifications of New York state highway department for bituminous 
macadam and bituminous materials. Eng. Cont., Dec. 8, 1909, p. 490. 

New Jersey standard specifications for asphaltic concrete. Eng, Rec, 
1912-11-340. 

Criticism of Massachusetts Specifications, Confusion as to Asphaltic, 
by H, Tipper, Eng. News, 1909-11-3 75; same, by H. W. Clark. 
Eng. News, 1909-11-521, 

Asphalt paving, (Report of commissioner of accounts of the city of 
New York, Feb, 3, 1904,) Specifications and their discussion, 
pp, 1-62; Practical use and value of specifications, pp. 67-70. 

Standard specifications for sheet asphalt pavements, city of New 
York. Reference: Highw^ay Engineering, by Morrison, pp. 2 33- 
253. 

Standard specifications for sheet asphalt pavements, city of New 
York, Reference: Highway Engineering, by Morrison, pp, 254- 
272, 

Asphaltic concrete and sheet asphalt pavements — specifications for, 
at Vancouver, B. C. Eng. News, Vol. 68, p, 770, 

Asphalt pavement — new Harlem bridge at One Hundred Fifty-fifth 
St., New York. Johnson, p. 171. 

Standard specifications for sheet asphalt. (Adopted by the Amer. 
Soc. of Municipal Improvements, Sept. 27, 1911.) References: 
Proc. of the Annual Convention of the Amer. Soc. of Municipal 
Improvements. (In pamphlet form by Municipal Journal, 50 Union 
Square, New York.) 

Asphaltum pavement. Johnson, p. 166, 

Vancouver, B, C, specifications for sheet asphalt and asphaltic con- 
crete. Eng. News, 1912-11-770. 

English Suggestion for Standard Specifications for Bituminous Bound 
Road Surface, by J. S. Brodie. Eng. Cont., Oct. 2. 1912, p. 376. 

Tar Concrete Pavements in Ontario, by W. A. McLean. Eng. Cont., Jan. 
2, 1912, p. 14. 

Specifications for oil-cement-concrete pavements. New York City, 
Eng. Cont., July 24, 1912, p. 97. 



Bibliography of Specifications 373 

Pavement, Bituminous — Continued. 

Maintaining Concrete Roads with Bituminous Wearing Surfaces, by 
H. C. Poore. (Specifications for applying bituminous surface.) 
Eng. Cont., Jan. 7, 1914, p. 17. 

Binder Course in Bituminous Pavements, by F. N. Bingham. Eng. 
News, 1913-1-1079. 

Oil Graveled Streets; Specifications, Los Angeles, Cal., by N. Ellery. 
Eng. News, 1907-1-366. 

Specifications of the New York state highway department for bitumin- 
ous macadam, 1909. Engineering and Contracting, Vol. 32, 1909, 
pp. 490, 491. 

Specifications for tar macadam pavement. Specifications for macadam 
roadways as constructed in various cities of Ontario, Canada. Also 
some discussion of materials and costs. Municipal Engineering. 
Vol. 20, June, 1901, pp. 370-372. 

Suggested standard specifications for asphalt and bituminous pave- 
ments. By convention of Chicago city officials. Eng. Cont., Mar. 
23, 1910, p. 270. 

Ottawa, Ontario, Specifications for Tar Macadam, by N. J. Ker. Eng. 
News, 1906-11-213. 

San Monica, California, Oiled Dirt Roads; Asphaltic Oil and Fitz- 
gerald Tamper Roller, by E. H. Wilcox. Eng. News, 1907-1-36 6, 
and 1907-1-543. 

Bituminous macadam specifications may be obtained from: India- 
napolis, Ind.; Mankato, Minn.; Knoxville, Tenn.; Moline, 111.; War- 
ren Bros. Co., Boston, 5 9 Temple St.; The Indian Refining Co., 
New York, 115 Broadway, and other companies. 

Indianapolis specifications for bituminous macadam pavement. Mu- 
nicipal Engineering, Vol. 37, 1909, pp. 261, 262. 

Pavement, Brick and Block — 

Brick paving construction. Instructions issued by Nat. Paving Brick 
Mfgrs. Ass^n. W. J. Blair. Eng. News, 1906-11-231, 234. 

Brick and granite block specifications adopted by Chicago conven- 
tion. Eng. News, 1910-1-2 91. 

Specifications for Slag Foundations for Brick Pavement, Niles, Ohio, 
by Wm. V. Alford. Eng. News, May 7, 1914, p. 1014. 

Standard specifications for brick pavements. (Adopted at the 16th 
annual convention of the National Paving Brick Manufacturers' 
Association.) References: Engineering Work in Towns and Cit- 
ies, by McCullough, p. 64. Note: Copies of same can be secured 
through Will P. Blair, Secy., Cleveland, O. 

Paving brick tests by American Brick Manufacturers' Association. 
Johnson, p. 161. 

Standard specifications for brick pavements. (Adopted by Amer. Soc. 
Municipal Improvements, Sept. 27, 1911.) References: Proc. of 
the Annual Convention of the Amer. Soc. of Municipal Improve- 



374 Bibliography of Specifications 

Pavement, Brick and Block- — Continued. 

ments. Issued in pamphlet form by the Municipal Journal, 50 
Union Square, N. Y. 

Brick paving, city of St. Louis. Johnson, p. 163. 

Granite pavement, city of Milwaukee. Johnson, p. 17 3. 

Method and specifications of constructing wood block pavement at 
Grand Forks, N. D. Paper before 111. Soc. of Eng. & Surv., by J. J. 
Smith. Eng. Cont., Oct. 27, 1909, p. 353. 

English Specifications for Construction of Wood Block Pavement, by 
Clifford Richardson. Eng. Cont., May 29, 1912, p. 60S. 

Vancouver, B. C, wood block pavement. Eng. News, 1911-11-4 75. 

Wood block — specifications adopted by Chicago convention. Creo- 
soted block. Eng. News, 1910-1-290. 

Paving. A comparison of the specifications for creosoted wood pav- 
ing blocks of fourteen American cities. Published paper by C. 
Marshall Taylor, Chemist of the International Creosoting & Con- 
struction Co. of Galveston, Tex. Also see discussion and table, En- 
gineering-Contracting, 1910, Vol. 33, p. 552. 
Pavement, Concrete — 

Concrete Roads in Milwaukee Co., Wis., by A. J. Knelling. Eng. 
Cont., May 13, 1914, p. 551. 

Specifications for concrete pavements of R. S. Blome & Co., Chicago. 
Eng. Cont., Dec. 16, 1908, p. 415. 

Standard specifications for Portland cement roads and Portland fe- 
ment sidewalks. Nat. Ass'n of Cement Users. Eng. Cont., Jan, 20, 
1909, p. 53. 

Concrete specifications adopted by Chicago convention for sidewalks, 
curbs and pavements. Eng. News, 1910-1-308. 

Concrete pavements. Foundations; paving practice. G. C. Warren. 
Eng, News, 1909-11-611. 

Pavement, Macadam and Earth Roads — 

Specification and notes, on macadam road construction. Paper be- 
fore W. S. E., by A. N. Johnson. Eng. Cont., Oct. 28, 190S, p. 276. 

Details and specifications of California highway commission — macadam. 
Eng. Cont., July 3, 1912, p. 15. 

Macadam specifications adopted by Chicago convention. Eng. News, 
1910-1-290. 

Specifications for Shell Roads, by Maj. W. W. Crosby of state road 
commission, Md. Eng. Cont., Jan. 3, 1912, p. 11. 

Earth roads, sand, clay, gravel, chert and bridges, culverts, etc. Ala- 
bama state highway commission. Eng. Cont., Nov. 25, 1911, p. 504. 

Specification for trunk line highway in Michigan (staff article). Eng. 
Cont., Feb. 24, 1915, p. 162. 

Specifications for Macadam Roads, by H. P. Gillette, A. I. Frye. Eng. 
News, 1901-11-351. 

Specifications for Macadam Roads, by E. McCullough. Eng. News, 
1903-1-189; 1904-11-241. 



Bibliography of Specifications 375 

Pavement, Macadam and Earth Roads — Continued. 

Standard state aid specifications for stone roads — New Jersey. Ref- 
erence: Highway Engineering, by Morrison, pp. 126-14 2. 
Macadamizing. Fairmount Park, Phil. Haupt, p. 149. 

Piles — 

Specifications A. R. E. & M. W. Ass'n. Eng. News, 1904-1-264. 
Specifications for creosoting at Pacific Creosoting Co. Eng. News, 

1910-11-432. 
Notes on a Rational Specification for Wooden Pile, by E. P. Goodrich. 

Eng. Cont., May 19, 1915, p. 456. 
Concrete pile specifications for Point Bridge at Pittsburg. Eng. Record, 

1913-11-581 and 646. 
See also "Bridges and Trestles, Timber." 

Pipe, Accessories — 

Pipe flanges. New standards of Am. Soc. Mech. Engrs. Eng. News, 
, 1912-11-121, 338. 
Burlap wrapping steel pipe. Eng. News, 1913-11-1083. 

Pipe, Laying and Cleaning — 

Pipe laying. Seattle standard specifications adopted. H. L, Estep. 

Eng. News, 1910-1-557. 
Laying sewer pipe. St. Louis specifications for pipe sewers. Art. 

139, Johnson, p. 186. 
Laying water pipe. Water commissioner of St. Louis. Johnson, 

p. 198. 
Specifications for Cleaning Water Mains at Hartford, Conn., by C. 

M. Saville. Eng. News, 1913-11-1098. 

Pipe, Cast Iron — 

Standard specifications for cast iron pipe and special castings. 
(Adopted May 12, 1908, by the Amer. Water Works Ass'n.) Ref- 
erences: Proc. Am. Water Wks. Ass'n, 1908, p. 771. Civil En- 
gineers' Pocket Book, by Frye, p. 1239. In pamphlet form, ad- 
dress J. M. Diven, Secy. A. W. W. A. 

Standard specifications for cast iron pipe and special castings. 
(Adopted 1902, by the New England ^\ ater Wks. Ass'n Comm. ap- 
pointed in 1912 to revise same.) References: Journal New Eng- 
land W. W. Ass'n, Vol. 16, pp. 335-358; also Vol. 17, p. 84; cata- 
logue "Cast Iron Pipe," pub. by U. S. Cast Iron Pipe & Foundry 
Co., Western Office, 63 8 The Rookery, Chicago. Note: Copies of 
New England W. W. Ass'n specifications available in pamphlet 
form. Address 715 Tremont Temple, Boston, Mass. 

Water pipe. Reports of N. Eng. W. Wks. Ass'n for cast iron pipe. 
Eng. News, 1901-11-216, 224, 435, 469; 1902-11-193, 211, 212. 

Standard specifications for cast iron pipe and special castings. Proc. 
Am. Soc. Test. Mat., Vol. 4, 1904, p. 57. 

Standard specifications for cast iron pipe and special castings. Proc. 
Am. W. Wks. Ass'n, 1908, p. 770. 



376 Bibliography of Specifications 

Pipe, Cast Iron — Continued. 

Standard Plans and Specifications for Water Mains, Seattle, Wash., 

by R. H. Thomson. Eng. Cont., Aug. 2, 1911, p. 127. 
Proposals for international export specifications for cast iron pipe 

and fittings. Am. Soc. Test. Mat., Vol. 14, 1914, p. 157. 
Cast iron. St. Louis water department. Johnson, p. 219. 
Cast iron water pipe. Water Works System of Cincinnati. Johnson, 

p. 221. 
Manufacture and delivery of cast-iron water pipe. City of Rochester, 

N. Y. Johnson, p. 190. 

Pipe, Concrete — 

Specifications for Concrete Sewer Pipe at Bellingham, Wash., by H. 
A. Whitney. Eng. Cont., Feb. 8, 1911, p. 157. 

Concrete Sewer Pipe Tests in Kansas City, by E. S. Wallace. Eng. 
News, Vol. 69, p. 568, 1913. 

Specifications for reinforcement of concrete culvert pipe, Illinois Cen- 
tral Railroad. Proc. of the 2 2nd Annual Convention of the Amer. 
Ry. Bridge & Building Ass'n, pp. 103-107. 

Proposed standard specifications for concrete drain pipe and tile. 
(Submitted by Comm. of the Xat. Ass'n of Cement Users in 1911.) 
Reference: Proc. of the Nat. Ass'n of Cement Users, Vol. 7, pp. 761- 
765. 

See also "Concrete." 

Pipe, Steel — 

Lead Lined Steel Tubing, L'^nited States Navy, by R. D. Gatewood. 
Description and notes. Eng. News, 1912-1-8 96. 

Portland, Oregon, Riveted Steel Pipe, by J. C. Stevens. Eng. News, 
1911-11-112. 

Riveted steel water pipe. Water supply of Cambridge, Mass. John- 
son, p. 225. 

Pipe, Vitrified- — 

Sewer pipe — Iowa State Drainage Ass'n. Adopted Feb., 1913. Eng. 

Rec, 1913-1-235. 
Specifications for Sewer Pipe, Vitrified Pipe and Pipe Laying in St. 

Louis, by W. W. Horner. Eng. Cont., Sept. 13, 1911, p. 286. 
Specifications for drain tile and sewer pipe. Report of Committee of 

Iowa State Drainage Ass'n. Adopted Feb., 1913. Eng. Rec, 1913- 

1-235. 
Proposed standard specifications for plain concrete drain tile. Com- 
mittee reported to Nat. Ass'n Cement Users. Eng. Cont., Feb. 23, 

1910, p. 167. 
Proposed standard specifications and recommended practice for drain 

tile and tile drain construction. Report committee to Am. Soc. 

Test. Mat. Eng. Cont., Aug. 19, 1914, p. 181. 
Drain tile. Standard specifications Iowa State Drainage Ass'n. Exp. 

Sta. Iowa State College, Ames, la. Eng. News, 1913-1-484. 



Bibliography of Specifications 377 

Pipe, Vitrified — Continued. 

Tentative standard specifications for drain tile, sewer pipe and for 

pipe laying. 1913, Printed for Distribution by Engineering Exp. 

Sta., Iowa State College. Write Director, A. Marston, Ames, la. 

Eng. Rec, Vol. 67, pp. 235, 236. 
Drain tile and sewer pipe. Specifications for — committee report of 

Iowa State Drain. Ass'n. Eng. Rec, Vol. 67, p. 235. 
Sewer pipe. Johnson, p. 183. 

Pipe, Wood Stave — 

Specifications for wood stave pipe, Atlantic City, N. J. Eng. Cont., 

Oct. 30, 1912, p. 488. 
Design and specifications of Sacramento water supply wood pipe line. 

El. Paso & S. W. Ry. Co. Eng. Cont., July 17, 1912, p. 70. 
Wood stave pipe. United States Reclamation Service, by E. A. Moritz. 

Eng. News, 1912-1-571, 799. 
Specifications for Wood Stave Pipe, by A. Swickard. Eng. Cont., 

Jan. 6, 1915, p. 14. 
Specification for a standard wood pipe line designed for a pressure 

of 80 pounds — Proc, of the 3 2nd annual convention of the Amer. 

Ry. Bridge & Building Ass'n, pp. 126-129. 
Wooden stave pipe used in California Johnson, p. 232. 

Plans — 

Rules for sewerage and water supply plans, submitted to N. J. State 

Bd. Health. Eng. News, 1913-11-54 8. 
See also "Maps." 

Plumbing — see "Building." '. 

Pumping Machinery — 

Selection and Specifications for W^ater Wks. Pumping Machinery, by 

N. J. Hill. Eng. Rec, 1905-11-39. 
Specifications for Vertical Triple Expansion Pumping Engine, Mil- 
waukee, Wis., by C. T. Myers. Proc. Am. W. Wks. Ass'n, 1909, 

p. 77. 
Specifications for Irrigation Pumping Plant, Payette, Idaho, by G. T. 

Ingersoll. Eng. Cont., Oct. 2, 1912, p. 385. 
Specifications for sewage pumping plant near Duluth, Minn. Eng. 

Cont., April 7, 1915, p. 309. 
Pumps to be operated by water power. Austin. Texas. Johnson, 

p. 247. 
Large pumping engines. City of St. Louis. Johnson, p. 266. 
Water works. Wilmington, Delaware. M. C. Conwell, Consulting 

Engineer. Haupt, p. 104. 
Rails — see "Iron and Steel — Rails." 

Railways — 

Specifications for railroad work that are specific and fair. Eng. 
News, 1905-1-258. 



378 Bibliography of Specifications 

Railways — Continued. 

Roadway specifications for clearing, grubbing, grading, etc. A. R. E. 
Sc M. W. Ass'n, 1903, Vol. 4, p. 19. 

Tunnel excavation. A. R. E. & M. W. Ass'n, 1905, Vol. 6, p. 125. 

General specifications for modern steam shovel roadway construction. 
Committee report. A. R. E. «& M. W. Ass'n, 1907, Vol. 8, p. 298. 

Proposed amendments of recommended standard definitions. (Pro- 
posed by Comm. of Amer. Ry. Eng. & Maintenance of Way Ass'n, 
1910.) Reference: Proc. of Ass'n, Vol. 11, Part 1, p. 178. 

Superstructure and track laying. Haupt, p. 15 5. 

Grading and masonry of a single track railroad — Philadelphia & 
Reading railroad. Haupt, p. 150. 

Railway road-bed. Amer. Soc. of Civil Engineers. Johnson, p. 345. 

Specifications for formation of road-bed. Eng. News, 1903-1-259, 
280; 1901-1-214. 

Specifications for grading. Rept. Am. Ry. Eng. & M. W. Ass'n. Eng. 
News, 1901-1-19 9. 

Specifications for standards of track construction in United States, 
Canada and Mexico. Eng. News, 1900-11-142, 148, 215, 430, ^ 

Specifications for track tanks for supplying water to tenders. Spe- 
cifications of Am. Ry. Eng. Ass'n. Eng. News, 1911-1-410. 

See also "Ballast;" "Cars;" "Excavation;" "Frogs;" "Locomotive;" 
"Steel Rails;" "Timber Ties;" "Tires." 

Reservoirs — 

Specifications for asphalt lining for reservoirs. Eng. News,. 1896-1- 

164. 
Specifications for Reinforced Concrete Settling Basins, by Alex. Potter. 

Proc. Am. W. Wks. Ass'n, 1912, p. 113. 
Concrete reservoir lining at Aurora, 111. Eng. News, 1902-1-4 23. 

Retaining AValls — 

Specifications for retaining walls. Trans. A. S. C. E., Vol. 4 8, p. 486 
(1902). 

River Improvement — see "Harbor and River Improvements." 

Roads — see "Pavement and Road Construction." 

Rock — 

Definition from specifications of Chicago board of local improve- 
ments. Eng. News, 1911-1-683. 

Specifications for tests of road building rock. Am. Soc. for Test. Mat. 
Eng. Cont.. Aug. 5, 1908, p. 87. 

Extracts from specifications for concrete stone for Catskill aqueduct 
buildings. Paper before Am. Cone. Inst., by H. L. Rogers, Eng. 
Cont., April 14, 1915, p. 340. 

Specifications for stone, C, M. & St. P. Ry. Johnson, p. 143. 



Bibliography of Specifications 379 

Roof- 
Galvanized iron for tropical climate. R. M. Beaufield. Eng. Cont., 

Nov. 20, 1912, p. 586. 
See also "Building." 

Sand — 

Moulding sand. J. I. Case Co. Eng. News, 1902-11-185. 

Specifications for sand for concrete aggregate, based on tests made at 
Univ. of Illinois. C. C. Wiley. Eng. Rec, Apr. 11, 1914, p. 419. 

Sand. Concerning specifications for Editorial comments. Believes 
there is no justification for the ordinary brief requirement "Clean 
Sharp Sand." Eng. News, Vol. 53, Feb. 2, 1905, pp. 125, 12'6. 

Sand — Filter. Albany water filtration plant. Johnson, p. 294. 

Sanitation — 

Specifications for sanitary precautions. Camp sanitation, Catskill 
aqueduct construction camp. A. W. Tidd. Eng. News, 1913-11- 
752. 

Sewage Screens — 

Specifications for sewage screen. Daytona, • Fla. Eng. Cont., Dec. 2, 
1914, p. 525. 

Sewers, General — 

Commendable specifications. Eng. News, 1905-11-148. 
Indefinite specifications. Alex. Potter. Eng. News, 1905-1-603. 
Sewer specifications proposed for criticism. Eng. Rec, 1910-1-227, 

287. 
A Discussion of Sewer Specifications, by Gen'l Contractors' Ass'n. 

Eng. Rec, 1910-1-25. 
Specifications for limits of excavation for sewers at Pittsburg, Pa. 

Eng. Cont., Aug. 14, 1912, p. 188. 
Unusual clauses in sewer specifications. Eng. News, 1904-11-268, 

544. 
Specifications for the Construction of Sewers at Clinton, la., by Chas. 

C. Brown, Engineering World, Vol. 4, 1906, "pp. 490-492. 
Outline for standard sewer specifications. (Report to the Amer. Soc 

of Municipal Improvements, 1912.) Municipal Engineering, Vol. 

42, 1912, pp. 90-92. 
Sewer specifications. Written by six well recognized engineers. Pam- 
phlet, published by the Clay Products Publicity Bureau, Kansas 

City, Mo. 
Main sewer. City of Philadelphia, Pa. Samuel L. Smedley, Chief 

Engineer. Haupt, p. 90. 

Sewers, Brick — 

Brick sewer specifications, New York. Eng, News, 1902-1-200. 
Brick and tile sewers. Used in the city of St. Louis. Johnson, p. 178. 
Specifications for Vitrified Pipe and Brick St. Louis, by W. W. Horner. 
Eng. Cont., Sept. 13, 1911, p. 286. 



380 Bibliography of Specifications 

Sewers, Concrete — 

Concrete and steel storm water sewer and remarks on specifications. 

Eng. Cont., Nov. 3, 1909, p. 376. 
Plans and specifications for sewer catch basins, concrete and brick 

sewers and appurtenances, Pittsburg, Pa. Eng. Cont., July 17, 1912, 

p. 72. 
Plans and Specifications for Concrete Sewer Manholes at Hamilton, 

111., by L. P. Wolff. Eng. Cont., May 15, 1912, p. 559. 
Brooklyn specifications for reinforced concrete, triple outlet sewer, 

wharf construction. Eng. News, 1903-1-8. 

Sewers, A'itrified — 

Vitrified tile house drains. Chicago plumbing ordinance. Eng. News, 

1905-11-458; 1906-1-387. 
Standard Plans and Specifications for Sewers, Seattle, Wash., by R. 

H. Thomson. Eng. Cont., July 26, 1911, p. 99. 
Specifications for drain tile and sewer pipe and laying. Iowa State 

Drainage Ass'n. Eng. Rec, 1913-1-235. 
See also "Pipe, Vitrified." 

Sidewalks, Curb and Gutter — 

Standard specifications Nat. Ass'n of Cement Users. Eng. News, 1909- 
1-344; Eng. Cont., Jan. 20, 1909, p. 52. 

Proposed standard specifications for Portland cement curb and gut- 
ter. Report to Nat'l Ass'n Cement Users. Eng. Cent., Feb. 23, 1910, 
p. 177. 

Standard Plans and Specifications for Sidewalks, Seattle, Wash., by 
R. H. Thomson. Eng. Cont., July 12, 1911, p. 36. 

Standard specifications for Portland cement sidewalks. (Adopted 
Jan., 1908, by Nat. Ass'n of Cement Users, Phila., Pa.) Refer- 
ences: Civil Engineering Pocket Book, by Frye, p. 1117; Engineer- 
ing Work in Towns and Cities, by McCullough, p. 3 5. 

For specifications for cement sidewalk, curb and gutter, see Hand 
Book for Cement Users ($3.00). Municipal Eng., 28 S. Meridian 
St., Indianapolis, Ind. 

Specifications for concrete, granite and blue stone curbs. City of 
Dover, Del. Municipal Engineering, Vol. 37, 1909, pp. 186, 187. 

Granitoid sidewalks, St. Louis. Johnson, p. 17 4. 

Specifications for Portland cement sidewalks. Prescribed for Dept, oi 
Public Works, Pittsburg, Pa. Municipal Engineering. Vol. 19, July, 
1900, pp. 16-18. 
Sieve — 

Cement Sieve Specifications, by R. Y. Ferner. Work of Bureau of 
Standards. Eng. Rec, 1912-11-728. 

Signals — 

Standard specifications for mechanical interlocking and materials for 
construction work. Covers all details of mechanical signals. 



Bibliography of Specifications 381 

Signals — Continued. 

(Adopted by Ry. Signal Ass'n.) A. R. E. & M. W. Ass'n, 1905-6- 
519; 1906-7-491; 1907-8-73. 
See also "Wire." 

Soap — see "Chemicals." 

Speltei" — see "Zinc." 

Standpipe — see "Tanks and Standpipes," 

Steam Engines — 

Westinghouse Elect. & Mfg. Co. Requirements for Parallel Operation 
of Alternators, by E. M. Tingley. Eng. News, 190 2-1-498. 

Specifications for installation, Engine Bldrs, Ass'n. Eng. News, 1901- 
1-457. 

Specifications for steam engines. Editorial comment. Essential re- 
quirements, not in great detail. Engineers sometimes unfair, etc. 
Eng. Rec, Vol. 39, April 1, 1899, pp. 393, 394. 

Engines, New Orleans, La. Johnson, p. 404. 

See also "Steam Plant." 

Steam Plant — 

Specifications for power plants. (Arranged in fourteen sections.) 
Engineering Magazine Co. Reference: Engineering Catalogues 
and Specifications (Power Plant Edition), 1913, Specification 
Digest. 

(1) General Clauses, p. 19. 

(2) Boilers & Stacks, p. 21. 

(3) Gas Producers, p. 27. 

(4) Steam Fitting, p. 29. 

(5) Turbines, p. 40. 

(6) Steam Engine, p. 45. 

(7) Internal Combustion Engines, p. 4 9. 

(8) Dynamos, p. 52. 

(9) Electric wiring", p. 54. 

(10) Switchboards, p. 6 0. 

(11) Storage Battery, p. 61. 

(12) Refrigeration, p. 63. 

(13) Fuel, p. 66. 

(14) Lubricants & Lubrication, p. 67. 

Specifications for the new waterside power house of the New York 
Edison Company. Book published by the New York Edison Co., 
1907. Includes specifications for the following: 

(a) Bulkhead and condensing Water Tunnels, pp. 5-11. 

(b) Foundations, pp. 11-21. 

(c) Structural Steel & Iron Work, pp. 22-4 5. 

(d) Superstructure, pp. 4 6-153. 

(e) Coal and Ash Handling Machinery, pp. 3 54-168. 

(f) Cranes, pp. 169-184. 



382 Bibliography of Specifications 

steam Plant — Continued. 

(g) Boilers and Superheaters, pp. 185-195. 
(h) Boiler Fronts, pp. 196-199. 
(i) Grates, pp. 200-203. 
(j) Economizers, pp. 217-220. 
(k) Forced Draft Apparatus, pp. 204-219. 
(1) Feed Pumps, pp. 2 21-23 6. 
(m) Turbo Generators, pp. 237-254. 
(n) Condensers, pp. 254-300. 
(o) Piping, pp. 301-347. 
(p) Storage Battery Plant, pp. 348-354. 
(q) Electrical Apparatus, pp. 355-402. 
Steam plant of a small electric light station, engine and attachments. 
Johnson, p. 24 0. 

Steam Plant Auxiliaries — 

Economizers, New Orleans, La. Johnson, p. 413. 
Condensers and pumps, New Orleans, La. Johnson, p. 411. 
See also "Steam Plant." 

Steel — see "Iron and Steel." 

Stone — see "Rock." 

Surveys — 

Specifications for surveys at Swathmore, Pa. Eng. News, 1894-II-lS. 

S\^itchboard — see "Electric Railway." 
Tanks and Standpipes — 

Suggested specifications for reinforced concrete water tanks for rail- 
way water supply. Eng. Cont., Apr. 12, 1911, p. 416. 

The Need of More Care in the Design and Construction of Elevated 
Tanks, by W. O. Teague. Abstract of specifications for wood and 
steel elevated tanks. Trans. A. S. M. E., Vol. 35. 1913, p. 920. 

Specifications for water tanks. (Submitted and recommended as 
good practice by a committee of the A. R. E. & M. W. Ass'n, 1910.) 
Reference: Proc. of Ass'n, Vol. 11, part 2, pp. 1144-1154. 

Material and Workmanship of a Steel Standpipe, by Wm. D. Pence. 
Johnson, p. 23 5. 

Specifications for Standpipes, by Wm. L. Pence. Outline of tenden- 
cies of standpipe specifications. Review of qualities of materials 
and workmanship. Eng. News, Vol. 33, Feb. 28, 1895, pp. 130-134. 

Specifications for a reinforced concrete tank at Dandenong, Victorian 
railways, New South Wales, Australia. Proceedings of the 2 2nd 
annual convention of the Amer. Ry. Bridge & Building Ass'n, 
pp. 78-82. 

Discussions of Standpipe Specifications, by W. C. Parmley. Eng. 
News, 1894-1-3 92, 431. 

Discussions of Standpipe Specifications, by W. D. Pence. Eng. News, 
1895-1-130-136, 289-354. 



Bibliography of Specifications 383 

Tanks and Standpipes — Continued. 

Specifications for standpipe at Peoria 111. Eng. News, 1894-1-286. 
Specifications for standpipe at Schenectady, N. Y. Eng. News, 1895- 

1-354. 
General design and specifications for elevated structural steel tower 
and tank for Hamilton, 111., L. P. Wolff. Eng. Cont., June 19, 1912, 
p. 702. 
Telephone Line — see "Transmission Line;" "Wire." 

Tile, Building — 

Specifications Proposed for Hollow Clay Tile Building Blocks, by V. G. 

Marani. Eng. News, 1912-1-248, 1912-11-629. 
Hollow clay tile building blocks end constructions. Eng. News, 1912- 

11-1016. 
See also "Buildings." 

Tile, Drain — see "Pipe — Vitrified;" "Sewers." 

Timber, Poles — see "Transmission Line." 

Timber, Structural — 

Bridge timber — Report A. R. E. & M. W. Ass'n. Eng. News, 1905-1- 

323. 
Nomenclature and specifications for structural timber. Am. Soc. 

Test. Mat. Eng. Rec, 1907-1-771. 
Standard specifications for structural timber. Proe. Am. Soc. Test. 

Mat., Vol. 7, 1907, pp. 181-187. 
Standard specifications for yellow pine bridge and trestle timber. 

Proc. Am. Soc. Test. Mat., Vol. 10, 1910, p. 159. 
Specifications and grading rules for Douglas Fir timber. An analysis 

of Forest Service tests on structural timber. Proc. Am. Soc. Test 

Mat., Vol. 11, 1911, pp. 182, 183, 878. 
Douglas fir. Grading and specifications. Eng. News, 1911-11-373 

380. 
Standard Plans and Specifications for Timber Trestles, Seattle, Wash. 

by R. H. Thomson. Eng. Cont., Aug. 30, 1911, p. 243. 
Specifications for Factory Timbers, by F. J. Hoxie. Trans. A. S. M. E. 

Vol. 35, 1913, p. 526. 
Specifications for structural timber. Committe report. A. R. E. & 

M. W. Ass'n, 1905-6-32. 
Specifications for bridge and trestle timber and piling. Committee 

report. A. R. E. & M. W. Ass'n, 1906-7-685. 
Standard specifications for bridge and trestle timbers for solid mem- 
bers. Committee report. A. R. E. & M. W. Ass'n, 1908-9-317. 
Standard specifications for southern yellow pine bridge and trestle 

timbers. (Final form recommended by committee of A. R. E. & M. 

W. Ass'n, for approval, 1910.) Now adopted. Reference: Proc. 

of Ass'n, Vol. 11, Part 1, pp. 180, 181; 1911 Year Book, pp. 141- 

143. 



384 Bibliography of Specifications 

Timber, Structural — Continued. 

Standard Specifications for Structural Timber, by Ostrup, McGraw-Hill 
Book Company, pp. 58-64. 

Standard classification of structural timber. (Adopted in Chicago on 
Sept. 1, 1907.) Reference: Handbook for Architects and Builders, 
Vol. 16, 1913, p. 237. 

Grading Rules for Yellow Pine Lumber (copyrighted 1911 by Yellow 
Pine Manufacturers' Ass'n.). Reference: A Manual of Standard 
Wood Construction, Xo. 8861, pub. by above association, Geo. K. 
Smith, Secy., AVright Building, St. Louis, Mo. 

Definitions relating to structural timber. (Recommended for adop- 
tion by committee of A. R. E. & M. W. Ass'n, 1913.) Reference: 
Proc. of Ass'n, Vol. 11, part 1, p. 184. Corresponds to specifications 
of Am. Soc. for Test. Mat. 

Standard specifications adopted by the American Society for Testing 
Materials, two specifications. 1913 Year Book, pp. 300-306. Note: 
Above Year Book contains all standard specifications of the society, 
about sixty-three or sixty-four in number. 

Classifying Lumber, Southern Lumber Manufacturers' Association. 
Johnson, p. 204. 

Grading Finishing Lumber, Southern Lumber Manufacturer's Asso- 
ciation. Johnson, p. 207. 

Standard Dimensions, Southern Lumber Manufacturers' Assocation. 
Johnson, p. 211. 

Grading Common Boards and Rough Lumber, Southern Lumber Man- 
ufacturers' Association. Johnson, p. 209. 

Rules governing the inspection and measurement of lumber in the 
St. Louis market. Johnson, p. 212. 

Thoroughly seasoned lumber. Johnson, p. 218. 

Pile and trestle bridging, Union Pacific Ry. Co. Johnson, p. 238. 

Criticism of some specifications. Editorial Comment. Lack of defin- 
iteness. Too little regard for commercial classifications. Eng. 
News, Vol. 53, Feb. 23 1905, pp. 203-205. 

Specifications for lumber. (Adopted in 1910 as recommended prac- 
tice by Amer. Ry. Master Mechanics' Ass'n, Master Car Builders' 
Ass'n, Railway Storekeepers' Ass'n, and various lumber manufac- 
turers' associations.) Proc. M. C. B. Ass'n, Vol. 4 5, pp. 7 40-78 8. 

Timber, Ties — 

Report Am. Ry. Eng. & M. W. Ass'n specifications for ties. Eng. 

News, 1904-1-2 85. 
Standard ties in United States, Canada and Mexico. Eng. News, 1900- 

11-142, 149, 215, 430. 
Oak ties, specifications for. Eng. News, 1907-1-463. 
Specifications for ties. Committee report. A. R. E. & M. W. Ass'n,. 

1905, Vol. 6, p. 764. 
Specifications for ties, tie treatment, etc. Committee report. A. R. 

E. & M. W. Ass'n, 1906, Vol. 7, p. 34. 



Bibliography of Specifications 385 

Timber Tie Markers — 

Specifications for dating nail for marking ties. Report of committee. 
A. R. E. & M. W Ass'n, 1905, Vol. 6, p. 767; 1910, Vol. 11, p. 863. 
See also "Timber, Treatment of." 

Timber, Treatment of — 

Treating Ties with Zinc Chloride and Tar Oil, by O. Chanute. Eng. 

News, 1900-11-80. 
Atchison, Topeka & Santa Fe Ry. Specifications for treating Pacific 

coast piling and timber. Eng. News, 1908-1-366. 
Wood — Preservative Treatment, by Samuel Whinery. Eng. News, 

1911-1-501. 
Specifications for tie treatment. Committee report. Zinc chloride, 

zinc tannin, creosoting, zinc creosote. A. R. E. & M. W. Ass'n, 1906, 

Vol. 7, p. 34; 1907, Vol. 8, p. 47G; revised 1910, Vol. 11, p. 737. 
Preservation of Railroad Cross-Ties, by O. Chanute, Pres. Amer. Soc. 

of Civil Engineers. Johnson, p. 485. 
Testing chloride of zinc and tar oil. Used for preserving timber. 

Johnson, p. 4 91. 
Impregnating pine railroad cross-ties with a chloride of zinc solution 

with an addition of coal tar containing carbolic acid. Imperial rail- 
ways at Strassburg. Johnson, p. 487. 
Impregnating beech and oak railroad cross-ties, with hot coal tar oil 

containing carbolic acid. Johnson, p. 4 8 7. 
See also "Oil, Bitumious." 

Tires — 

Standard specifications for steel tires for locomotives, etc. Proc. Am. 

Test. Mat., Vol. 9, 1909, p. 58. 
See "Iron and Steel;" "Railway Rolling Stock." 

Transmission Lines — 

A Specification for Line Construction on Poles Jointly Used by Elec- 
tric Light and Telephone Companes, by Paul Spencer. N. E. L. A., 
31st Conv., Vol. I, 1908, p. 537. 

Requirements and Specifications for Extra High Potential Transmis- 
sion Lines, by A. S. Ives. Covers poles and appurtenances, insula- 
tion, wire, copper and aluminum and construction features. N, E. 
L. A., 32nd Conv., Vol. II, 1909, p. 389. 

General Specifications for Underground Electric Conduit, by R. E. 
Froisetti. Eng. Cont., Jan. 10, 1912, p. 46. 

Specifications for wire cables for electric power transmission. Proc. 
Am. Soc. Test. Mat., Year Book 1910. 

Overhead wire crossings in Illinois. New laws governed by the Illi- 
nois railroad commission. Elec. World, Vol, 6 2, p. 39. 

Telephone aerial lines. Electric World, April 25, 1903. 

Specifications for furnishing and erecting telephone poles and appur- 
tenances at various localities along line of Catskill aqueduct. "Con- 
tract No. 83" of the Board of W. W. of the city of New York, 
(Pamphlet.) 



386 ' Bibliography of Specifications 

Transmission Lines — ContiniLed. 

Specifications for steel cross-arm pins. (Brought before the Railway 
Signal Ass'n State Meeting March, 1912. These are practically the 
specifications of the Western Union Co.) Proc. of Ry. Sig. Ass'n, 
Vol. 9, p. A7-A13. 

Specifications for Overhead Wires, adopted by the City of Seattle, 
Wash., by H. L. Estep. Eng. News, Vol. 67, p. 5 2 3. 

Wiring. Of an office building, specifications for. Building of modern 
type, say twenty stories high. Wired for lights, telephone, electric 
clock connection, messenger calls and other service. Eng. Rec, Vol. 
32, Sept. 7, 1895, pp. 261, 262. 

Electrical distribution circuits for light and power, Austin, Texas. 
Johnson, p. 259. 

Specifications for overhead crossings of electric light and power lines. 
(Recommended by committee of Nat. Elec. Light Ass'n in 1913.) 
Reference: Papers, reports and discussions of the 36th annual con- 
vention of the Nat. Elec. Light Ass'n Technical Sessions, pp. 5 60- 
580. Note: Creation of national joint committee on overhead line 
construction recommended. 

Specifications for High Tension Line Construction for the Oneida Rail- 
way Co., New York State, "Hydro Electric Developments and Engi- 
neering," by Koester, pp. 243-245. 

Also see "Wire." 

Tunnels — 

Tunnels. Henry S. Drinker. Haupt, p. 161, 
See also "Railways; and "Excavation." 

Turbine Water Wheels — 

Turbine water wheels. Water power system of Austin, Texas. John- 
son, p. 252. 

Turpentine — 

Tentative specifications for turpentine. Proc. Am. Soc. Test. Mat., 

Vol. 13, 1913, p. 365. 
Proposed specification for turpentine. Proc. Am. Soc. Test. Mat., Vol. 

14, 1914, p. 342. 

Valves — 

Standard specifications for water works hydrants and valves (Am. W. 

Wks. Ass'n). Eng. News 1913-11-265. 
Stop valves. St. Louis water department. Johnson, p. 200. 
See also "Hydrants." 

Viaduct — 

Kingshighway — Reinforced Concrete, St. Louis, Mo., by Mont. Schuy- 
ler. Eng. News, 1912-1-1228. 
See also "Bridge." 

Water Meters — 

Specifications of Baltimore, Md. Eng. News, 1902-11-356. 



Bibliography of Specifications 387 

Water Meters — Continued. 

Specifications governing purchase of water meters of the disc type. 

San Diego, Cal. (materials and details). Eng. Cont., Sept. 23 1914, 

p. 291. 
General specifications under which 3," 4" and 6" meters of velocity 

and disc types are purchased by St. Louis Water Dept. Eng. Cont., 

Feb. 25, 1914, p. 243. 

"Water Proofing — 

Specifications for water proofing engineering structures with bitumin- 
ous membranes. Paper before W. S. E., by W. H. Finley. Eng. 
Cont., July 10, 1912, p. 39. 

Specifications for water proofing, Penn. R. R. Terminal, New York. 
Trans. A. S. C. E., Vol. 69, p. 211 (1910). 

Waterproofing of masonry and bridge uoors. Condensed report of 
committee to Am. Ry. Eng. Ass'n. Eng. Cont., Mar. 2 5, 1914, 
p. 350. 

Water Purification Plant — 

Specifications for plant and material to sterilize Buffalo water supply 
by hypochlorite of lime or liquid chlorine (reprint of city specifica- 
tions). Eng. Cont., Mar. 11, 1914, p. 297. 

Water Works — see "Pumping Machinery;" "Steam Plant;" "Cast Iron 
Pipe;" "Hydrants;" "Valves." 

Wells — 

Specifications for driving 12" wells in water bearing sands at San 
Diego, Cal. Abstracted from specifications by Maj. Herding. Eng. 
Cont., June 3, 1914, p. 639. 

Pump well. Method of sinking well. Johnson, p. 2 4 9. 

Wire — 

"SVire for Electric Transmission Lines, by P. A. C. Perrine and F. G. 
Baum. Eng. News, 1900-11-215. 

Specifications for Telephone and Other Low Tension Wires Crossing Rail- 
way Tracks in Use by Bell Telephone Co. of Canada, by E. E. Par- 
sons. Eng. News, 1906-11-496. 

Specification for hard drawn copper, desirability of standard. Eng. 
News, 1908-11-32; 1909-n-56. 

Hard drawn copper, notes on, annual meeting Am. Soc. Test. Mat. 
Eng. News, 1911-11-3 4. 

Specification for overhead wires, Seattle (pole lines). Eng. News, 
1912-1-523. 

Standard specifications for hard drawn copper -wire. Proc. Am. Soc. 
Test. Mat., Vol. 9, 1909, p. 311. 

Specifications for aluminum wire. Am. Soc. Test. Mat., Year Book 
1910. 

Line wire. Recommended specifications for thirty per cent conductiv- 
ity hard-drawn copper-clad steel line wire. (Discussed at 1912 



388 Bibliography of Specifications 

Wire — Continued. 

meeting of Ry. S. Ass'n and committee asked to revise somewhat.) 
"Proc. of Ry. Signal Ass'n." Vol. 9, pp. 79, 80. 

Signal wire. Specifications for rubber insulated signal wire for cur- 
rent of 660 volts or less. (Adopted by Railway Signal Ass'n in 
1911.) Proc. Am. I. E. E., Sept., 1911, Vol. 30, No. 9, pp. 2039- 
204 2. Proc. of Ry. Signal Ass'n, Vol. 8. 

Bonding wires. Recommended specification for copper-clad steel 
bonding wires. (Report of committee discussed; specifications not 
adopted at the 1912 meeting of the Ry. Signal Ass'n,) Proc. of the 
Ry. Signal Ass'n, Vol. 9, pp. 81, 8 2. 

See also "Transmission Line." 

Wiring — see "Transmission Line." 

Wood Preservatives — see "Oil;" "Timber Treatment." 

Zinc — 

Zinc. Abstract of Pennsylvania R. R. specifications for materials. In 
practical use for several years. Reprint recommended by Soc. of 
Automobile Engineers standard committee, 1911.) Reference: 
Trans, of the Soc. of Automobile Engineers, Vol. 6, pp. 400-445. 

Standard specifications for spelter. Adopted 1911. Proc. Am. Soc. 
Test. Mat., Vol. 11, 1911, p. 146. 

See also "Galvanizing." 



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